Kenya Act or statute

Parliament of Kenya

Public Service Commission Act

This Act may be cited as the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") Act. Section 2 provides definitions for terms used in th…

Jurisdiction: Kenya
Structure: 103 provisions
Citation: Cap. 185
Dates: As at 11 Dec 2023

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Dates: As at 11 Dec 2023

Source attribution: Source: Kenya Law

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“This Act may be cited as the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") Act.”

This Act may be cited as the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") Act. Section 2 provides definitions for terms used in the Act (interpretation), including "acting appointment", "affirmative action", "appointment", "Commission", and "public officer". The Act applies to all public bodies and persons holding office in the public service. The Commission (the Public Service Commission established under Article 233) shall, in fulfilling its mandate, be guided by the national values and principles of governance in Article 10 and the values and principles of public service in Article 232 of the Constitution. The President must publish any vacancy in the office of a member in the newspaper and the Kenya Gazette within fourteen days of the vacancy occurring.

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PRELIMINARY - 1. Short title

This Act may be cited as the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") Act.

Section 1

ESTABLISHMENT AND ABOLITION OF OFFICES IN THE PUBLIC SERVICE - 27. Conditions for establishment of offices

A written request to establish an office must include a statement by the respective authorized officer verifying that the conditions in subsection (1) have been met.

Section 27

APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 47. Recommendation forappointmentof Principal Secretaries

The Public Service Commission must, when making recommendations under this section, submit to the President a list of nominees for appointment and pay attention to inclusiveness (gender, diverse communities, persons with disabilities and youth).

Section 47

RESIGNATION, RETIREMENT AND RELATED MATTERS - 78. Resignation

Public officers must submit a resignation letter to their appointing authority and must give one month's notice or pay one month's salary instead; a person who resigned may rejoin the service subject to appointment rules.

Section 78

MISCELLANEOUS PROVISIONS - 99. Management of information

The Commission must publish and publicize important information within its mandate affecting the nation.

Section 99

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Showing 103 of 103 provisions

Provision 85Offence 8Commencement 6Interpretation 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") Act.

Section 1. Short title Section This Act may be cited as the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions for terms used in the Act (interpretation), including "acting appointment", "affirmative action", "appointment", "Commission", and "public officer".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "acting appointment" means temporary conferment upon a public officer ("any person other than a state officer who holds a public office;") , by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 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 ("any person other than a state officer who holds a public office;") continues to hold the substantive appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") ; "affirmative action" means any measure designed to overcome or ameliorate an inequity or the systemic denial of opportunities; "appointment" includes appointment, acting appointment ("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;") , re-appointment, promotion ("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;") and re-designation ; "authorized officer" in relation to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , means any officer, body or authority appointed by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") to perform its delegated functions in a Ministry or State department, or any member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; "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 ("the Public Service Commission established under Article 233 of the Constitution;") 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 ("any person other than a state officer who holds a public office;") including— (a) appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") ; (b) standards of conduct; (c) removal; (d) working hours; (e) leave; (f) grievances; (g) disciplinary control ("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;") ; (h) medical care; (i) water; (j) welfare; (k) working environment; (l) housing; and (m) pension benefits ("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;") . "confirmation in appointment" means the placement of a public officer ("any person other than a state officer who holds a public office;") 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 ("the Public Service Commission established under Article 233 of the Constitution;") 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 ("any person other than a state officer who holds a public office;") in the course of employment or any document or paper which comes into the custody of any public officer ("any person other than a state officer who holds a public office;") 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 ("any person other than a state officer who holds a public office;") who has been confirmed in appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") 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 ("any person other than a state officer who holds a public office;") , 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 ("the Public Service Commission established under Article 233 of the Constitution;") 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 ("any person other than a state officer who holds a public office;") 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 ("any person other than a state officer who holds a public office;") 's horizontal mobility; Provided that the posting, deployment or secondment ("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;") of a public officer ("any person other than a state officer who holds a public office;") 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 ("any person other than a state officer who holds a public office;") on any matter related to the employment of the public officer ("any person other than a state officer who holds a public office;") 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 ("any person other than a state officer who holds a public office;") '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 ("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;") as may be provided for in the applicable law, contract of service or a special retirement scheme agreed and upon between the public officer ("any person other than a state officer who holds a public office;") 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 ("the Public Service Commission established under Article 233 of the Constitution;") 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 ("appointment,acting appointment, re-appointment,promotion and re-designation;") 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 ("the Public Service Commission established under Article 233 of the Constitution;") appointed under Article 233(2) of the Constitution.

Section 2Verify source

§ 3PRELIMINARY - 3. Scope and applicationProvision

The Act applies to all public bodies and persons holding office in the public service.

Section 3. Scope and application Section 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 .

Section 3Verify source

§ 4PRELIMINARY - 4. Guiding principlesProvision

The Commission (the Public Service Commission established under Article 233) shall, in fulfilling its mandate, be guided by the national values and principles of governance in Article 10 and the values and principles of public service in Article 232 of the Constitution.

Section 4. Guiding principles Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") 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.

Section 4Verify source

Part II

COMPOSITION AND ADMINISTRATION

§ 10COMPOSITION AND ADMINISTRATION - 10. VacancyProvision

The President must publish any vacancy in the office of a member in the newspaper and the Kenya Gazette within fourteen days of the vacancy occurring.

Section 10. Vacancy Section 10(1)(a) dies; Section 10(1)(b) resigns from office by notice in writing, addressed to the President; or Section 10(1)(c) is removed from office in accordance with Article 251 of the Constitution. Section 10(2) The President shall, within fourteen days after the occurrence of a vacancy in the office of a member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") , publish such vacancy in the newspaper and in the Kenya Gazette .

Section 10Verify source

§ 11COMPOSITION AND ADMINISTRATION - 11. Filling of VacancyProvision

When vacancies arise among the chairperson, vice-chairperson or members, the Constitution and First Schedule appointment procedure applies; the President must have due regard to continuity of service and must ensure nominated persons' terms do not lapse at the same time.

Section 11. Filling of Vacancy Section 11(1) Where a vacancy occurs in the office of the chairperson, vice-chairperson or member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") , the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") procedure provided for in the Constitution and the First Schedule shall apply. Section 11(2) In filling vacancies of the chairperson, vice chairperson and members of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , the President shall have due regard to continuity of service. Section 11(3) In accordance with sub section (2), the President shall ensure that the terms of the persons nominated do not lapse at the same time.

Section 11Verify source

§ 12COMPOSITION AND ADMINISTRATION - 12. Committees of theCommissionProvision

Section 12 authorises the Public Service Commission to establish committees and to co-opt persons into committee membership; co-opted persons do not have a right to vote.

Section 12. Committees of theCommission Section 12(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may from time to time establish such committees as may be necessary for the better carrying out of its functions and the exercise of its powers. Section 12(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may co-opt into the membership of any of the committees established under subsection (1), any person or persons whose knowledge and skills are necessary for the proper performance of the functions of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 12(3) A person co-opted under subsection (2), shall have no right to vote at any meeting of the committee.

Section 12Verify source

§ 13COMPOSITION AND ADMINISTRATION - 13. Organisation of theCommissionProvision

The Commission may create directorates, departments, divisions or units; those units must follow the Commission's approved mandate and directives given by the Secretary.

Section 13. Organisation of theCommission Section 13(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may establish such directorates, departments, divisions or units as it may determine for the better carrying out of its functions. Section 13(2) Every directorate, department, division or unit created by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall act in accordance with the mandate approved by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") and directives given by the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") .

Section 13Verify source

§ 14COMPOSITION AND ADMINISTRATION - 14. Conduct of business and affairs of theCommissionProvision

The Commission may regulate its own procedure; it may invite persons to attend and participate in meetings, but invited persons do not have a vote in Commission decisions.

Section 14. Conduct of business and affairs of theCommission Section 14(1) The conduct and regulation of the business and affairs of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") are as provided for in the Third Schedule but subject thereto, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may regulate its own procedure. Section 14(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may invite any person to attend any of its meetings and to participate in its deliberations, but such a person shall not have a vote in any decision of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") .

Section 14Verify source

§ 15COMPOSITION AND ADMINISTRATION - 15.Secretaryto theCommissionProvision

Section 15 establishes the Secretary to the Commission, sets recruitment by the Public Service Commission through an open, transparent and competitive process, lists eligibility requirements, requires the Secretary to take the prescribed oath before assuming office, sets a five-year term with eligibility for one re-appointment, enumerates the Secretary's roles and duties, lists grounds for removal, and requires written notice and opportunity to defend before removal.

Section 15.Secretaryto theCommission Section 15(1) There shall be a Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 15(2) The Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") shall be recruited by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") through an open, transparent and competitive recruitment process. Section 15(3)(a) is a citizen of Kenya; Section 15(3)(b) holds a degree from a university recognized in Kenya; Section 15(3)(c) has at least ten years relevant professional experience; Section 15(3)(d) has at least five years experience in a leadership position at senior management level in a public service or private sector organization; and Section 15(3)(e) meets the requirements of leadership and integrity as prescribed in Chapter Six of the Constitution. Section 15(4) The Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") shall, before assuming office, take and subscribe to the oath or affirmation of office prescribed in the Fourth Schedule. Section 15(5) The Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") shall hold office for a term of five years and shall be eligible for re- appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") once. Section 15(6)(a) the chief executive officer; Section 15(6)(b) the head of the secretariat of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 15(6)(c) the accounting officer of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 15(6)(d) the custodian of the records and seal of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 15(6)(e) the execution of the decisions of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 15(6)(e)(i) the execution of the decisions of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 15(6)(e)(ii) assignment of duties and supervision of the staff of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 15(6)(e)(iii) the preparation and submission of the programmes necessary for the achievement of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's mandate for approval by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 15(6)(e)(iv) ensuring compliance by the staff with the values and principles of the public service ; and Section 15(6)(e)(v) the performance of such other duties as may be assigned by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or any other written law. Section 15(7)(a) inability to perform functions of the office arising out of physical or mental infirmity; Section 15(7)(b) incompetence; Section 15(7)(c) gross misconduct; Section 15(7)(d) bankruptcy; or Section 15(7)(e) violation of the Constitution. Section 15(8) Before removal under subsection (7), the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") shall be informed, in writing, of the reasons for the intended removal, and shall be given an opportunity to put a defence against any such allegations, either in person or through a representative ("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;") . Section 15(9) The Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") appointed under subsection (2) shall be a State officer.

Section 15Verify source

§ 16COMPOSITION AND ADMINISTRATION - 16. SecretariatProvision

The Commission must ensure appointments under subsection (2) comply with Article 232 (g), (h) and (i); the Commission may appoint professional, technical and administrative officers and support staff.

Section 16. Secretariat Section 16(1) There shall be a secretariat of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") which shall be headed by the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") . Section 16(2)(a) such professional, technical and administrative officers and support staff as may be appointed by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; and Section 16(2)(b) such public officers as may be seconded to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") upon its request. Section 16(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall ensure that the appointments made under subsection (2), comply with Article 232 (g), (h) and (i) of the Constitution.

Section 16Verify source

§ 17COMPOSITION AND ADMINISTRATION - 17. Seal of theCommissionProvision

The Commission decides the device used as its seal; the Secretary keeps the seal; the affixing of the seal must be authenticated by the Chairperson and the Secretary or another person authorized by the Commission.

Section 17. Seal of theCommission Section 17(1) The seal of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall be such device as may be determined by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") and shall be kept by the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") . Section 17(2) The affixing of the seal shall be authenticated by the Chairperson ("the chairperson of the Commission appointed in accordance with Article 233(2) of the Constitution;") and the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") or any other person authorized in that behalf by a resolution of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 17(3) Any document purported to be under the seal of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or issued on behalf of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

Section 17Verify source

§ 18COMPOSITION AND ADMINISTRATION - 18. Legal proceedings against theCommissionProvision

The Government Proceedings Act (Cap. 40) applies to any proceedings against the Commission.

Section 18. Legal proceedings against theCommission Section The Government Proceedings Act ( Cap. 40 ) shall apply with respect to any proceedings against the Commission.

Section 18Verify source

§ 19COMPOSITION AND ADMINISTRATION - 19. Protection from personal liabilityProvision

Members, officers, staff and agents of the Commission are not personally liable for actions done in good faith in executing the Commission's powers, functions or duties; the Commission itself remains liable to pay compensation or damages arising from exercise of its powers.

Section 19. Protection from personal liability Section 19(1) Nothing done by a member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") , officer, member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") of staff or agent of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, if done in good faith for the purpose of executing the powers, functions or duties of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") under the Constitution or this Act, render such member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") , officer, member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") of staff or agent personally liable for any action, claim or demand. Section 19(2) Subsection (1) shall not relieve the Commission ("the Public Service Commission established under Article 233 of the Constitution;") of the liability to pay compensation or damages to a person for an injury suffered by the person, their property, or any of their interests arising directly or indirectly from the exercise of any power conferred by this Act.

Section 19Verify source

§ 20COMPOSITION AND ADMINISTRATION - 20. Code of conduct of members and employees of theCommissionProvision

Members and employees of the Commission must subscribe to a code of conduct; the Commission may prescribe that code by regulations.

Section 20. Code of conduct of members and employees of theCommission Section Members and employees of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall subscribe to such code of conduct as the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may prescribe, by regulations.

Section 20Verify source

§ 5COMPOSITION AND ADMINISTRATION - 5. Powers of theCommissiongenerallyProvision

The Commission may issue summons necessary for the fulfilment of its mandate.

Section 5. Powers of theCommissiongenerally Section issue summons as may be necessary for the fulfilment of its mandate;

Section 5Verify source

§ 6COMPOSITION AND ADMINISTRATION - 6. Access toCommissionservicesProvision

The Commission (the Public Service Commission) must ensure reasonable access to its services across the Republic, as appropriate given the nature of its services.

Section 6. Access toCommissionservices Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") 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.

Section 6Verify source

§ 7COMPOSITION AND ADMINISTRATION - 7. Composition andappointmentof members to theCommissionProvision

Defines the composition of the Public Service Commission (chairperson, vice‑chairperson and seven other members); requires members to be representative by disability, gender and ethnicity; members serve full‑time for six years and are not eligible for reappointment; the Commission remains properly constituted despite vacancies.

Section 7. Composition andappointmentof members to theCommission Section 7(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall consist of a chairperson, vice-chairperson and seven other members. Section 7(2) The members in subsection (1) shall be representative ("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;") in terms of persons with disabilities, gender and ethnicity. Section 7(3) The procedure set out in the First Schedule shall apply to the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") of the members of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 7(4) The members of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall serve on full-time basis for a term of six years and shall not be eligible for reappointment. Section 7(5) Subject to Article 250(1) of the Constitution and the Third Schedule on the quorum of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall be properly constituted notwithstanding a vacancy in its membership.

Section 7Verify source

§ 8COMPOSITION AND ADMINISTRATION - 8. Qualifications forappointmentas chairperson andmemberofCommissionProvision

Sets qualifications required for appointment as chairperson and member of the Commission, including citizenship, a recognized degree, specified years of experience, managerial experience for one category, and meeting Chapter Six leadership and integrity requirements.

Section 8. Qualifications forappointmentas chairperson andmemberofCommission Section 8(1)(a) is a citizen of Kenya; Section 8(1)(b) holds a degree from a university recognized in Kenya; Section 8(1)(c) has at least ten years experience in their respective profession; Section 8(1)(d) has at least six years experience in a managerial position either in the public or private sector; and Section 8(1)(e) meets the requirements of leadership and integrity in Chapter Six of the Constitution. Section 8(2)(a) is a citizen of Kenya; Section 8(2)(b) holds a degree from a university recognized in Kenya; Section 8(2)(c) has at least ten years experience in their respective profession; and Section 8(2)(d) meets the requirements of leadership and integrity in Chapter Six of the Constitution.

Section 8Verify source

§ 9COMPOSITION AND ADMINISTRATION - 9. Oath or affirmation of officeProvision

Members of the Commission must, before assuming office, take and subscribe to the oath or affirmation of office set out in the Second Schedule.

Section 9. Oath or affirmation of office Section The members of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, before assuming office, take and subscribe to the oath or affirmation of office prescribed in the Second Schedule.

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 21FINANCIAL PROVISIONS - 21. Funds of theCommissionProvision

Parliament allocates monies for the purposes of the Commission.

Section 21. Funds of theCommission Section monies allocated by Parliament for purposes of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ;

Section 21Verify source

§ 22FINANCIAL PROVISIONS - 22. Annual estimatesCommencement

The Commission must prepare annual estimates of its revenue and expenditure at least three months before each financial year and must approve and submit those estimates to the Cabinet Secretary responsible for finance before the financial year begins.

Section 22. Annual estimates Section 22(1) At least three months before the commencement of each financial year, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall cause to be prepared estimates of revenue and expenditure of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") for that year. Section 22(2)(a) payment of remuneration in respect of the staff of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 22(2)(b) payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 22(2)(c) acquisition of assets and maintenance of the buildings and grounds of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 22(2)(d) funding of training, research and development activities of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; and Section 22(2)(e) creation of such funds that may be necessary to meet future or contingent liabilities of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") in respect of benefits, insurance or replacement of buildings, installations, equipment and in respect of such other matters as the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may consider necessary. Section 22(3) The annual estimates shall be approved by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the public service;") responsible for finance for tabling in Parliament.

Section 22Verify source

§ 23FINANCIAL PROVISIONS - 23. Financial year of theCommissionProvision

The Commission's financial year shall be the period of twelve months ending on the thirtieth June in each year.

Section 23. Financial year of theCommission Section The financial year of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall be the period of twelve months ending on the thirtieth June in each year.

Section 23Verify source

§ 24FINANCIAL PROVISIONS - 24. Accounts and auditProvision

The Commission must keep proper books and records of account, and its annual accounts must be prepared, audited and reported in accordance with the Public Audit Act (Cap. 412B).

Section 24. Accounts and audit Section 24(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 24(2) The annual accounts of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall be prepared, audited and reported upon in accordance with the Public Audit Act ( Cap. 412B ).

Section 24Verify source

Part IV

ESTABLISHMENT AND ABOLITION OF OFFICES IN THE PUBLIC SERVICE

§ 25ESTABLISHMENT AND ABOLITION OF OFFICES IN THE PUBLIC SERVICE - 25. Application of this PartProvision

This Part applies when the Public Service Commission exercises its constitutional function to establish and abolish public service offices under Article 234(2)(a).

Section 25. Application of this Part Section This Part shall apply in the exercise of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's constitutional function to establish and abolish offices in the public service under Article 234(2) (a) of the Constitution.

Section 25Verify source

§ 26ESTABLISHMENT AND ABOLITION OF OFFICES IN THE PUBLIC SERVICE - 26. Meaning of establishment of officesProvision

"Establishment of offices in the public service" means the determination and creation of the number and kinds of offices in the public service.

Section 26. Meaning of establishment of offices Section 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 .

Section 26Verify source

§ 27ESTABLISHMENT AND ABOLITION OF OFFICES IN THE PUBLIC SERVICE - 27. Conditions for establishment of officesProvision

A written request to establish an office must include a statement by the respective authorized officer verifying that the conditions in subsection (1) have been met.

Section 27. Conditions for establishment of offices Section 27(1)(a) the request is based on comprehensive plans informed by the public body's workload analysis; Section 27(1)(b) the financial implications of creating the office are indicated; Section 27(1)(c) the office to be created relates to or supports the core functions of the public body; Section 27(1)(d) the office to be created is to be domiciled in the requesting public body; Section 27(1)(e) information on the current authorized establishment, level of grading, designation, extra posts required and evidence of optimum utilization of existing posts has been submitted; Section 27(1)(f) the office including its level of grading, qualification and remuneration shall not disadvantage similar offices in the public service or occasion unfair competition for staff among public bodies; and Section 27(1)(g) the functions of the office to be established are consistent with the Constitution or any other legislation. Section 27(2) The written request for establishment of an office shall include a statement by the respective authorized officer verifying that the conditions in subsection (1) have been met.

Section 27Verify source

§ 28ESTABLISHMENT AND ABOLITION OF OFFICES IN THE PUBLIC SERVICE - 28. Conditions for abolition of officeProvision

The Public Service Commission must abolish a public service office when it receives a written request from an authorised officer and the conditions listed in subsection (2) are met.

Section 28. Conditions for abolition of office Section 28(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall abolish an office in the public service upon receiving a written request by an authorised officer. Section 28(2)(a) the office relates to the provision of public services that are no longer necessary in view of improved methods for service delivery; Section 28(2)(b) the request is based on a comprehensive plan informed by the department's workload analysis; Section 28(2)(c) there is an indication of the financial implications of abolishing the office, including savings to be made in relation to services relating to the office; Section 28(2)(d) information on the current authorized establishment, level of grading, designation, and evidence of optimum utilization of existing posts is submitted; Section 28(2)(e) the office when abolished shall eliminate duplication and overlaps of functions by public bodies; and Section 28(2)(f) the functions of the office, if not abolished are inconsistent with the Constitution or any other legislation. Section 28(3) Any decision by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") to abolish an office in the public service shall be subject to the due process of deployment, transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") , removing or retiring the affected public officer ("any person other than a state officer who holds a public office;") as prescribed under this Act or the terms and conditions applicable to the public officer ("any person other than a state officer who holds a public office;") .

Section 28Verify source

§ 29ESTABLISHMENT AND ABOLITION OF OFFICES IN THE PUBLIC SERVICE - 29.Commissionmay act on its motionProvision

The Commission may on its own motion establish or abolish any office in the public service; before doing so it must give the authorized officer of the concerned public body an opportunity to make representations; its decision must be based on facilitating improvement in service delivery and comply with conditions in section 28.

Section 29.Commissionmay act on its motion Section 29(1) Subject to the provisions of this Part, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may on its own motion establish or abolish any office in the public service . Section 29(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, before establishing or abolishing an office under subsection (1), give the authorized officer of the concerned public body an opportunity to make representation in respect of the action to be taken under subsection (1). Section 29(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's decision to act on its own motion shall be based on the need to facilitate improvement in service delivery and shall comply with the conditions prescribed in section 28 .

Section 29Verify source

§ 30ESTABLISHMENT AND ABOLITION OF OFFICES IN THE PUBLIC SERVICE - 30. Recommendation to the PresidentProvision

When the President requests the Public Service Commission to recommend establishing a public service office, the Commission must act in accordance with the conditions provided in this Part.

Section 30. Recommendation to the President Section 30(1) Where the President, under Article 132 (4) (a) of the Constitution, requests the Commission ("the Public Service Commission established under Article 233 of the Constitution;") to recommend the establishment of an office in the public service , the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall act in accordance with the conditions provided for in this Part. Section 30(2) Where the President considers it necessary to establish an office in the public service under Article 132 (4) (a) of the Constitution, a request to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") for recommendation for establishment of an office shall be in writing.

Section 30Verify source

Part IX

INVESTIGATION, MONITORING AND EVALUATION OF THE ORGANIZATION, ADMINISTRATION AND PERSONNEL PRACTICES OF THE PUBLIC SERVICE

§ 57INVESTIGATION, MONITORING AND EVALUATION OF THE ORGANIZATION, ADMINISTRATION AND PERSONNEL PRACTICES OF THE PUBLIC SERVICE - 57. Monitoring and evaluation of the administration of thepublic serviceProvision

The Public Service Commission must, by regulations, set criteria for carrying out the monitoring and evaluation duties described in this Part.

Section 57. Monitoring and evaluation of the administration of thepublic service Section 57(1) In this Part, 'administration' includes the management of policies, resources, systems and procedures and the provision of professional advisory services in the public service , to achieve integrity, efficiency, effectiveness, uniformity and improvement of service delivery. Section 57(2)(a) core functions; Section 57(2)(b) medium and long term plans for the delivery of the core functions; Section 57(2)(c) structural organization; Section 57(2)(d) direction taken in terms of goals and objectives; and Section 57(2)(e) staffing needs including establishment and terms and conditions of service . Section 57(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall by regulations set criteria for carrying out these duties.

Section 57Verify source

§ 58INVESTIGATION, MONITORING AND EVALUATION OF THE ORGANIZATION, ADMINISTRATION AND PERSONNEL PRACTICES OF THE PUBLIC SERVICE - 58. Organization of thepublic serviceProvision

The Public Service Commission must investigate, monitor and evaluate the organization of the public service for any public body and make recommendations to the public body, the President and Parliament; if vested with the power to abolish certain public offices, the Commission shall take the necessary action instead of making a recommendation.

Section 58. Organization of thepublic service Section 58(1) In this Act, "organization of the public service " means the organizational structures and establishment of departments, divisions, directorates, units, sections and other organizational or governance arrangements in the public service . Section 58(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall investigate, monitor and evaluate the organization of the public service with respect to any public body and make recommendations to the public body, the President and Parliament. Section 58(3)(a) establishment of any public body including a state department; Section 58(3)(b) amalgamation of any public bodies including state departments; Section 58(3)(c) addition to or subtraction from a department or division, directorate, unit, section or other organizational arrangement; Section 58(3)(d) naming or renaming of any public body, department or division, directorate, unit, section or other organizational arrangement; or Section 58(3)(e) abolition of any public body, department or division, directorate, unit, section or other organizational arrangement. Section 58(4) Where the Commission ("the Public Service Commission established under Article 233 of the Constitution;") is vested with the constitutional function to abolish the public offices that would be subject to a recommendation under subsection (3), instead of making the recommendation, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall take the necessary action. Section 58(5) Where the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's recommendations under subsection (3)(a) are addressed to the President, such recommendations may be construed to be recommendations for establishment of an office in the public service within the meaning of Article 132(4)(a) of the Constitution.

Section 58Verify source

§ 59INVESTIGATION, MONITORING AND EVALUATION OF THE ORGANIZATION, ADMINISTRATION AND PERSONNEL PRACTICES OF THE PUBLIC SERVICE - 59. Personnel practices inpublic serviceProvision

Section 59: "Personnel practices inpublic service"; "personnel records management".

Section 59. Personnel practices inpublic service Section personnel records management;

Section 59Verify source

§ 60INVESTIGATION, MONITORING AND EVALUATION OF THE ORGANIZATION, ADMINISTRATION AND PERSONNEL PRACTICES OF THE PUBLIC SERVICE - 60. InvestigationProvision

The Commission (the Public Service Commission) may investigate the organization, administration and personnel practices of the public service.

Section 60. Investigation Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may, upon a complaint or on its own motion, investigate the organization, administration and personnel practices of the public service .

Section 60Verify source

§ 61INVESTIGATION, MONITORING AND EVALUATION OF THE ORGANIZATION, ADMINISTRATION AND PERSONNEL PRACTICES OF THE PUBLIC SERVICE - 61. Reporting and use of findingsProvision

The Commission shall communicate its findings to the respective authorised officer, public body or office and, where necessary, take appropriate action.

Section 61. Reporting and use of findings Section Upon investigation, monitoring and evaluation under this Part, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall communicate its findings to the respective authorised officer, public body or office, and where necessary, take appropriate action.

Section 61Verify source

Part V

DELEGATION

§ 31DELEGATION - 31. Delegation of powersAmendment

The Public Service Commission may delegate powers or assign duties in writing, may impose conditions, may audit delegated exercise, and must take corrective measures (including revocation) if delegated powers are misused.

Section 31. Delegation of powers Section 31(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may, where appropriate and in writing, delegate any power or assign a duty conferred to it under the Constitution or this Act to its members, an officer, body or authority in the public service . Section 31(2) A delegation or assignment under subsection (1) shall not prevent the Commission ("the Public Service Commission established under Article 233 of the Constitution;") from exercising the power. Section 31(3)(a) shall be subject to any conditions that the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may impose; Section 31(3)(b) shall not divest the Commission ("the Public Service Commission established under Article 233 of the Constitution;") of the responsibility concerning the exercise of the powers or the performance of the duty delegated, and Section 31(3)(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or amended by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 31(4) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may, at any time, institute an audit, investigation, inquiry or visit to determine whether the delegated powers are properly exercised by the authorized officer . Section 31(5) Where the audit, investigation, inquiry or visit establishes that an authorized officer has breached any condition or improperly exercised delegated powers, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall take corrective measures including revoking the delegation.

Section 31Verify source

Part VI

APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS

§ 32APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 32. Appointment of anauthorized officerProvision

The Commission must in writing designate authorized officers to manage its delegated functions in ministries or state departments.

Section 32. Appointment of anauthorized officer Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall in writing, designate authorized officers to be responsible for the proper management of its delegated functions in ministries or state departments.

Section 32Verify source

§ 33APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 33.Commission’s authority to appointProvision

The Commission (the Public Service Commission established under Article 233) must have powers necessary to discharge functions under Article 234(2)(a)(ii); and that authority is to be exercised at the request of the authorized officer of the public body to which the appointment (appointment, acting appointment, re-appointment, promotion and re-designation) needs to be made.

Section 33.Commission’s authority to appoint Section 33(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall have such powers as may be necessary to discharge its functions under Article 234(2) (a) (ii) of the Constitution. Section 33(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's authority under subsection (1) shall be exercised at the request of the authorized officer of the public body to which the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") needs to be made.

Section 33Verify source

§ 34APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 34. Acting appointmentsProvision

Sets rules for acting appointments: persons must meet prescribed qualifications before appointment; officers may be appointed to act for between thirty days and six months; public officers may be assigned duties during temporary absence; the Commission must take corrective action if unauthorized acting appointments or assignments occur.

Section 34. Acting appointments Section 34(1)(a) made by the lawful appointing authority; and Section 34(1)(b) subject to the prescribed regulations and procedures which apply to appointments. Section 34(2) A person shall not be appointed to hold a public office in an acting capacity unless the person satisfies all the prescribed qualifications for holding the public office. Section 34(3) An officer may be appointed in an acting capacity for a period of at least thirty days but not exceeding a period of six months. Section 34(4) A public officer ("any person other than a state officer who holds a public office;") may be assigned to perform duties vested in another public officer ("any person other than a state officer who holds a public office;") during a temporary absence of the other public officer ("any person other than a state officer who holds a public office;") . Section 34(5)(a) be in favour of a public officer ("any person other than a state officer who holds a public office;") who is duly qualified and competent to perform the duty; and Section 34(5)(b) not undermine the expeditious appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") or deployment of a competent person to the public office concerned. Section 34(6) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, whenever it comes to its attention that an authorised officer has purportedly made an acting appointment ("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;") or assignment, in contravention of the provisions of this section, take corrective action.

Section 34Verify source

§ 35APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 35. Effective date ofappointment,promotionandre-designationProvision

The effective date of an appointment, acting appointment, promotion or re-designation is the date of the decision, or another date if the Commission or an authorised officer determines one.

Section 35. Effective date ofappointment,promotionandre-designation Section The effective date of appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") , acting appointment ("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;") , promotion ("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;") or re-designation shall be the date of the decision to appoint, promote or re-designate or such date as the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or authorised officer may determine.

Section 35Verify source

§ 36APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 36. Criteria forappointmentandpromotionProvision

Section 36 sets criteria for appointment and promotion and requires the Public Service Commission or authorized officers to adopt affirmative action where necessary, ensure prescribed application forms meet the Act's requirements, and approve expatriate appointments only when required expertise is not locally available.

Section 36. Criteria forappointmentandpromotion Section 36(1)(a) merit, equity, aptitude and suitability; Section 36(1)(b) the prescribed qualifications for holding in the office; Section 36(1)(c) the efficiency of the public service ; Section 36(1)(d) the provable experience and demonstrable milestones attained by the candidate; and Section 36(1)(e) the personal integrity of the candidate. Section 36(2)(a) has the abilities, aptitude, skills, qualifications, knowledge, experience and personal qualities relevant to the carrying out of the duties in question; Section 36(2)(b) has potential for development; and Section 36(2)(c) meets the criteria set out in subsection (1). Section 36(3)(a) no applicant or candidate is discriminated on any ground; Section 36(3)(b) no one gender constitutes more than two thirds of those appointed; Section 36(3)(c) at least five percent of the appointments constitute persons with disabilities; Section 36(3)(d) there is proportionate representation of all ethnic communities; and Section 36(3)(e) the youth are appointed. Section 36(4) For purposes of ensuring representation of the diverse Kenyan Communities in the public service , the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or authorized officer shall, where necessary, adopt affirmative action ("any measure designed to overcome or ameliorate an inequity or the systemic denial of opportunities;") measures in line with Articles 27(6) and 56(c) of the Constitution. Section 36(5) Where the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or other authorized officer prescribes a standard application form for submitting applications for employment, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or other lawful appointing authority shall ensure that the form meets the requirements of this Act. Section 36(6) Where an expatriate is to be appointed to a position that falls within the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's jurisdiction, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall approve such an appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") . Section 36(7) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall approve the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") of an expatriate only where the expertise sought is not locally available.

Section 36Verify source

§ 37APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 37. Advertisement of vacanciesProvision

The Public Service Commission or an authorised officer must advertise public office vacancies broadly, include specified information in the advertisement, ensure advertisements do not discriminate, and run them efficiently to give equal opportunity to disadvantaged applicants.

Section 37. Advertisement of vacancies Section 37(1) Where a vacancy in a public office is to be filled, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or authorized officer shall invite applications by advertising the vacancy in the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's website, at least one daily newspaper of nationwide coverage, the radio and other modes of communication, so as to reach as wide a population of potential applicants as possible. Section 37(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") or an authorised officer shall ensure that an invitation for application does not discriminate against any person. Section 37(3) The advertisements in subsection (1) shall be conducted in an efficient and effective manner so as to ensure that the applicants, including persons who for any reason have been or may be disadvantaged, have an equal opportunity to apply for the advertised positions. Section 37(4)(a) the title and rank of the public office; Section 37(4)(b) the public body in which the office is tenable; Section 37(4)(c) the background and context of the work, where necessary; Section 37(4)(d) the terms of employment; Section 37(4)(e) the applicable remuneration including salary, allowances and other benefits; Section 37(4)(f) the prescribed qualifications applicable, including any desired previous achievements; Section 37(4)(g) the core duties of the office; Section 37(4)(h) the expected deliverables of the office; Section 37(4)(i) the supervision, accountability and reporting arrangements; Section 37(4)(j) any added advantage applicable; Section 37(4)(k) the mode and deadline of transmitting the application; Section 37(4)(l) any consideration that may occasion disqualification; and Section 37(4)(m) any consideration of equity or affirmative action ("any measure designed to overcome or ameliorate an inequity or the systemic denial of opportunities;") .

Section 37Verify source

§ 38APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 38. Decision to be in writingProvision

Any appointment, acting appointment, promotion, re-designation, transfer, deployment, delegation or assignment of a duty in the public service must be in writing.

Section 38. Decision to be in writing Section Any appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") , acting appointment ("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;") , promotion ("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;") , re-designation , transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") , deployment, delegation or assignment of a duty in the public service shall be in writing.

Section 38Verify source

§ 39APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 39. Record of applicantsProvision

The Commission or any other lawful appointing authority must maintain a record of all applications received in response to an advertisement inviting applications.

Section 39. Record of applicants Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") or any other lawful appointing authority shall maintain a record of all applications received in response to an advertisement inviting applications.

Section 39Verify source

§ 40APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 40. Re-designationProvision

Public officers who wish to be re-designated must apply in writing to the respective authorized officer or to the Public Service Commission through the concerned authorized officer; re-designation takes effect on a date to be determined by the Commission or authorized officer, and certain conditions must be met.

Section 40. Re-designation Section 40(1) The criteria for appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") of public officers prescribed under this Part shall apply when selecting public officers for re-designation . Section 40(2) A public officer ("any person other than a state officer who holds a public office;") who wishes to re-designate shall apply, in writing, to the respective authorized officer or to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") through the concerned authorized officer , as the case may be, for re-designation . Section 40(3)(a) the office is vacant; Section 40(3)(b) he or she meets all the qualifications; Section 40(3)(c) the re-designation shall not disadvantage any public officer ("any person other than a state officer who holds a public office;") who is already serving in the particular cadre; Section 40(3)(d) the officer has consented to such a decision; and Section 40(3)(e) the decision shall not reduce the public officer ("any person other than a state officer who holds a public office;") 's salary. Section 40(4) A re-designation shall take effect on a date to be determined by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or authorized officer .

Section 40Verify source

§ 41APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 41. Confirmation ofappointmentProvision

Probationary appointments for public officers generally last up to six months, may be extended once by up to six months with the officer's consent; affected officers must be notified at least thirty days before expiry and given reasons for any extension; if not notified or if confirmation is not made after probation lapses the officer is confirmed; probationary service counts towards pension and terminal benefits; probation applies only to persons appointed from outside the public service.

Section 41. Confirmation ofappointment Section 41(1) Where it is necessary to appoint a public officer ("any person other than a state officer who holds a public office;") on probationary terms before confirmation of appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") , the probationary period shall not exceed six months but may be extended, with the consent of the public officer ("any person other than a state officer who holds a public office;") , for a further period of not more than six months. Section 41(2)(a) affording the public officer ("any person other than a state officer who holds a public office;") further opportunity to fulfil a condition for confirmation of appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") prescribed in writing prior to the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") of the public officer ("any person other than a state officer who holds a public office;") ; or Section 41(2)(b) affording the public officer ("any person other than a state officer who holds a public office;") an opportunity to improve with respect to any matter in which the public officer ("any person other than a state officer who holds a public office;") 's work or conduct have been adversely reported on. Section 41(3)(a) notify the affected public officer ("any person other than a state officer who holds a public office;") of the intended extension at least thirty days before the expiration of the probationary period; and Section 41(3)(b) give reasons for the intended extension. Section 41(4) Where the affected public officer ("any person other than a state officer who holds a public office;") is not notified in accordance with subsection (3), or where the authorized officer has failed to confirm the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") of the public officer ("any person other than a state officer who holds a public office;") who was initially appointed on probationary terms and the probationary period has lapsed, the officer shall stand confirmed in appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") upon the expiry of the probationary period. Section 41(5) The period served on probationary terms shall be taken into account when computing the period of service for the purpose of payment of pension benefits ("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;") , gratuity or any other terminal benefits. Section 41(6) Appointment on probationary terms shall only apply to a person appointed from outside the public service and shall not apply to any person already employed in the service of the county governments, the national government or any public body.

Section 41Verify source

§ 42APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 42. SecondmentProvision

The Public Service Commission has the authority to second public officers; the receiving public body must bear secondment costs; seconded officers may revert if no longer necessary; authorised officers must not approve secondments without Commission written approval.

Section 42. Secondment Section 42(1) The authority to second a public officer ("any person other than a state officer who holds a public office;") shall vest in the Commission ("the Public Service Commission established under Article 233 of the Constitution;") and shall be carried out on the request of an authorised officer or a public officer ("any person other than a state officer who holds a public office;") . Section 42(2) Unless there is an agreement to the contrary, the public body or the organization to which a public officer ("any person other than a state officer who holds a public office;") is seconded shall bear all the costs, remuneration, allowances and other benefits due to the officer during the period of secondment ("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;") . Section 42(3) Where it is no longer necessary for a public officer ("any person other than a state officer who holds a public office;") on secondment ("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;") to remain seconded and the secondment ("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;") period has not lapsed, the public officer ("any person other than a state officer who holds a public office;") shall be entitled to revert to the public office held before the secondment ("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;") . Section 42(4)(a) the public officer ("any person other than a state officer who holds a public office;") to be seconded has not served in the public service for at least three consecutive years after the initial appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") ; Section 42(4)(b) the public body or organization to which the public officer ("any person other than a state officer who holds a public office;") is to be seconded presents a conflict of interest with the public office held by the public officer ("any person other than a state officer who holds a public office;") or the core functions of the public body in which the public officer ("any person other than a state officer who holds a public office;") is employed; Section 42(4)(c) the public officer ("any person other than a state officer who holds a public office;") may be exposed to undesirable experience in view of the core functions of the organization to which the public officer ("any person other than a state officer who holds a public office;") is to be seconded ; or Section 42(4)(d) the secondment ("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;") , if permitted, would bring the public service or the public officer ("any person other than a state officer who holds a public office;") into disrepute. Section 42(5) An authorised officer or other lawful authority shall not approve a request for secondment ("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;") unless the Commission ("the Public Service Commission established under Article 233 of the Constitution;") has approved the secondment ("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;") in writing. Section 42(6) The period of secondment ("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;") shall vary from case to case depending on the overall assessment under this Act but shall not in any case exceed the prescribed period: Provided that a public officer ("any person other than a state officer who holds a public office;") who intends to remain on secondment ("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;") after the expiry of six consecutive years, shall retire from the public service with accrued retirement ("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;") and other terminal benefits in accordance with the relevant law or agreement.

Section 42Verify source

§ 43APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 43. TransferProvision

Authorized officers must send recommendations and comments to the Public Service Commission, which must decide whether a proposed transfer should be approved and must consider specified criteria.

Section 43. Transfer Section 43(1) Where an authorized officer intends to transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") a public officer ("any person other than a state officer who holds a public office;") from the ministry or department where such a public officer ("any person other than a state officer who holds a public office;") is currently deployed to another ministry or department without a change of designation or grading, the recommendations and comments of the authorized officer concerned shall be sent to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , which shall decide whether the transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") should be approved. Section 43(2) Where an authorized officer intends to transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") a public officer ("any person other than a state officer who holds a public office;") from the office where such a public officer ("any person other than a state officer who holds a public office;") is currently deployed to another office of different designation but of similar grading, either in the same ministry or department, the authorized officers concerned shall forward their recommendations and comments to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , which shall decide whether the transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") should be approved. Section 43(3)(a) the transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") shall lead to improved service delivery; Section 43(3)(b) the interest of the children, if any, of the affected public officer ("any person other than a state officer who holds a public office;") ; and Section 43(3)(c) the transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") shall not be arbitrary. Section 43(4)(a) the posting of public officers from one station to another in their substantive capacities within ministries or departments; or Section 43(4)(b) the transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") between ministries or departments of public officers in any office which is common to departments generally, which shall be effected by the authorized officers concerned in consultation, where necessary, with the Commission ("the Public Service Commission established under Article 233 of the Constitution;") .

Section 43Verify source

§ 44APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 44. Casual serviceProvision

Section 44. Casual service Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall prescribe the terms and conditions for employment of casual employees within the public service .

Section 44Verify source

§ 45APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 45. Service on contractual termsProvision

A person may be engaged on a term contract lasting at least twelve months but not more than five years; the Public Service Commission must regulate such contractual employment.

Section 45. Service on contractual terms Section 45(1) A person may be engaged on a term of contract, for a period of at least twelve months but not exceeding five years. Section 45(2)(a) the office where such a person is to be deployed has been created by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 45(2)(b) the office where such a person is to be deployed exists in the contractual establishment; Section 45(2)(c) the person has expressed the desire to serve on a term of contract; Section 45(2)(d) there is no other public officer ("any person other than a state officer who holds a public office;") performing the function; and Section 45(2)(e) the person does not qualify to be employed under any other terms of service. Section 45(3)(a) the workload justifies further engagement; Section 45(3)(b) the performance of the public officer ("any person other than a state officer who holds a public office;") is satisfactory; Section 45(3)(c) the public officer ("any person other than a state officer who holds a public office;") has expressed, in writing, the willingness to engage for a further term of service; Section 45(3)(d) the decision shall in no way disadvantage any public officer ("any person other than a state officer who holds a public office;") employed on permanent terms; and Section 45(3)(e) the decision is made at least three months before the expiry of the affected public officer ("any person other than a state officer who holds a public office;") 's term of contract. Section 45(4) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall regulate the employment of persons on a term of contract as contemplated under this section.

Section 45Verify source

§ 46APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 46. Nomination or recommendation forappointmentProvision

Section 46 requires the Commission to, subject to the Constitution or other legislation, prescribe by regulations the qualifications and criteria for nomination to public office.

Section 46. Nomination or recommendation forappointment Section 46(1)(a) abide by the Constitutional requirement of fair competition and merit as a basis of appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") ; and Section 46(1)(b) ensure that the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") facilitates achievement of a representative ("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;") public service . Section 46(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, subject to the Constitution or any other legislation prescribe, in regulations, the qualifications and criteria for nomination to the public office for which it is required to nominate a person for appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") .

Section 46Verify source

§ 47APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 47. Recommendation forappointmentof Principal SecretariesProvision

Section 47. Recommendation forappointmentof Principal Secretaries Section 47(1) This section applies to the recommendation of persons for nomination by the President for appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") as Principal Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") under Article 155 (3) (a) of the Constitution. Section 47(2)(i) is a citizen of Kenya; Section 47(2)(ii) holds a degree from a university recognized in Kenya; Section 47(2)(iii) has at least ten years relevant professional experience, five years of which should have been in a leadership position or at a top management level in the public service or private sector; Section 47(2)(iv) possesses general knowledge of the organization and functions of Government; Section 47(2)(v) demonstrates an understanding of the goals, policies and developmental objectives of the nation; Section 47(2)(vi) has demonstrable leadership and management capacity including knowledge of financial management and strategic people management; and Section 47(2)(vii) meets the requirements of Chapter Six of the Constitution. Section 47(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, in making the recommendations under this section, submit to the President a list of nominees for appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") , paying attention to inclusiveness in terms of gender, Kenya's diverse communities, persons with disabilities and the youth. Section 47(4) In case of a rejection of a nominee or nominees by the President, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall recommend a fresh list of nominees from those interviewed by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") .

Section 47Verify source

§ 48APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 48. Affirmative actionProvision

The Public Service Commission must make regulations to implement the Constitution's inclusiveness requirements for gender, Kenya's diverse communities, persons with disabilities and youth.

Section 48. Affirmative action Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") 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.

Section 48Verify source

§ 49APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 49. Staff of partnerships and joint venturesProvision

The terms of contract with respect to staff in a joint venture or partnerships shall apply for the period of the joint venture or partnership.

Section 49. Staff of partnerships and joint ventures Section The terms of contract with respect to staff in a joint venture or partnerships shall apply for the period of joint venture or partnership.

Section 49Verify source

§ 50APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 50. Protection of accrued rights and benefitsProvision

When a public officer is moved between public bodies by appointment, re-designation or secondment, the officer's accrued benefits from earlier public service must not be lost.

Section 50. Protection of accrued rights and benefits Section Subject to this Act, where a public officer ("any person other than a state officer who holds a public office;") is appointed, re-designated or seconded from one public body to another public body, the public officer ("any person other than a state officer who holds a public office;") 's accrued benefits relating to the previous period in public service shall not be lost.

Section 50Verify source

§ 51APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS - 51. Vacancies dependant on examsProvision

When vacancies are to be filled by the results of examinations approved by the Public Service Commission, the Commission must make arrangements and issue directions as appropriate.

Section 51. Vacancies dependant on exams Section Where vacancies are to be filled in accordance with the results of examinations approved by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall make such arrangements and issue such directions as may be appropriate.

Section 51Verify source

Part VII

REVIEWING AND MAKING RECOMMENDATIONS TO THE NATIONAL GOVERNMENT ON CONDITIONS OF SERVICE, CODE OF CONDUCT AND QUALIFICATIONS

§ 52REVIEWING AND MAKING RECOMMENDATIONS TO THE NATIONAL GOVERNMENT ON CONDITIONS OF SERVICE, CODE OF CONDUCT AND QUALIFICATIONS - 52. Application of this PartProvision

This Part applies to the discharge of the functions and powers of the Commission (the Public Service Commission) under Article 234(2)(g) of the Constitution.

Section 52. Application of this Part Section This Part shall apply to the discharge of the functions and powers of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") under Article 234(2)(g) of the Constitution.

Section 52Verify source

§ 53REVIEWING AND MAKING RECOMMENDATIONS TO THE NATIONAL GOVERNMENT ON CONDITIONS OF SERVICE, CODE OF CONDUCT AND QUALIFICATIONS - 53. Conditions of serviceProvision

The Public Service Commission may make recommendations on public officers' conditions of service to the Cabinet Secretary; it must give interested parties an opportunity to make representations before reviewing or recommending, and must establish a framework for continuous review taking into account listed considerations.

Section 53. Conditions of service Section 53(1) Except where conditions of service applicable to a public officer ("any person other than a state officer who holds a public office;") are more favourable than those prescribed in any written law governing employment, the provisions of the written law shall apply to public officers. Section 53(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may on its own initiative or upon request by any authorized officer , make recommendations on the conditions of service relating to public officers to the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the public service;") . Section 53(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall give any interested party an opportunity to make representations before reviewing or making any recommendation under this section. Section 53(4) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall establish a framework for the continuous review of the conditions of service of the public service by taking into account the priorities and changing needs of the public service . Section 53(5)(a) parity of treatment of public officers; Section 53(5)(b) any current or future needs of a public body ; Section 53(5)(c) legitimate expectations of respective public officers including the accrued or accruing benefits; Section 53(5)(d) the need to harmonise the conditions of service of public officers; Section 53(5)(e) fiscal sustainability; Section 53(5)(f) the need to attract and retain qualified and motivated public officers; Section 53(5)(g) the need to compensate rare, unique, innovative or talented performers; Section 53(5)(h) productivity; Section 53(5)(i) legislation; and Section 53(5)(j) the cost of living.

Section 53Verify source

§ 54REVIEWING AND MAKING RECOMMENDATIONS TO THE NATIONAL GOVERNMENT ON CONDITIONS OF SERVICE, CODE OF CONDUCT AND QUALIFICATIONS - 54. Code of conductProvision

The Public Service Commission may review and recommend codes of conduct, and must periodically review codes taking account of public service priorities and changing needs.

Section 54. Code of conduct Section 54(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may, on its own initiative, on request by any authorized officer or request by a professional body, review and make recommendations on any code of conduct applicable to any public body, category of public officers or all public officers in a public body . Section 54(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall from time to time take measures to review the codes of conduct by taking into account the priorities and changing needs of the public service . Section 54(3)(a) the national values and principles of governance in Article 10 of the Constitution; Section 54(3)(b) the values and principles of public service in Article 232(1) of the Constitution; Section 54(3)(c) the provisions of Chapter Six of the Constitution; Section 54(3)(d) any statutory provisions governing the conduct of a profession or occupation; Section 54(3)(e) any views of affected parties; and Section 54(3)(f) any applicable legislation, convention or treaty.

Section 54Verify source

§ 55REVIEWING AND MAKING RECOMMENDATIONS TO THE NATIONAL GOVERNMENT ON CONDITIONS OF SERVICE, CODE OF CONDUCT AND QUALIFICATIONS - 55. Review of qualificationsProvision

The Public Service Commission may review and recommend qualifications for public offices, must consult relevant bodies, give affected persons a chance to make representations, publish and report reviews, and must ensure qualifications are not discriminatory; appointments cannot be made to offices without determined qualifications.

Section 55. Review of qualifications Section 55(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may on its own initiative, upon request by any authorized officer , public officer ("any person other than a state officer who holds a public office;") , professional body or association, review and make recommendations to the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the public service;") on qualifications relating to a public office, category of public offices or all public officers in a public body . Section 55(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") or any other lawful authority shall not appoint any person to hold or act in a public office for which qualifications have not been determined. Section 55(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may in reviewing the qualifications, consult the relevant professional bodies. Section 55(4) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall afford interested or affected persons an opportunity to make representations before reviewing or making recommendation under this section. Section 55(5)(a) parity of treatment of public officers; Section 55(5)(b) the human resource needs of the public office; Section 55(5)(c) legitimate expectations of the public officers concerned, including career progression; Section 55(5)(d) the need to eliminate unfair competition for available human resource among public bodies; Section 55(5)(e) the prevailing and projected workload status of the concerned public body; Section 55(5)(f) the capacity of the country to generate persons holding the desired competencies and skills attached to the concerned public office; Section 55(5)(g) the need to attract and retain competent, qualified and motivated public officers; Section 55(5)(h) the need to build a service that embraces continuous improvement and innovation; Section 55(5)(i) the need to standardize qualifications in the service; and Section 55(5)(j) any applicable convention or treaty relating to employment. Section 55(6) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, when recommending qualifications establish the necessary framework to ensure that the qualifications do not in any way disadvantage either gender, persons from marginalized and minority communities, persons with disabilities or the youth. Section 55(7)(a) specify the public offices, category of public offices, profession or occupation that the qualification applies to; Section 55(7)(b) indicate the date on which the qualification was approved by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 55(7)(c) specify the effective date of the qualification; Section 55(7)(d) clearly define job descriptions and specifications, and clearly delineate duties and responsibilities at all grades or ranks within the grading structure, to enable a public officer ("any person other than a state officer who holds a public office;") to understand the requirements and demands of the job; and Section 55(7)(e) clearly indicate likely career progression and mobility. Section 55(8) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall every three years review, publish qualifications relating to all public offices established by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or under the authority of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 55(9) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall issue a report of its review made under this section to the National Government. Section 55(10) The Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the public service;") or any authorised officer, to whom the report has been issued, shall publicise the information to public officers working under them. Section 55(11) A determination, review or recommendation of qualifications shall not apply retrospectively to a public officer ("any person other than a state officer who holds a public office;") who is already holding or acting in the public office with respect to which the qualifications relate. Section 55(12) Where a qualification is reviewed, the review shall not have the effect of automatically promoting the affected serving public officers to the upgraded grade or rank. Section 55(13) A decision to promote the public officers affected by the review shall be made by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or other lawful appointing authority in accordance with the provisions of this Act.

Section 55Verify source

Part VIII

DEVELOPMENT OF HUMAN RESOURCE IN THE PUBLIC SERVICE

§ 56DEVELOPMENT OF HUMAN RESOURCE IN THE PUBLIC SERVICE - 56. Human resource developmentProvision

The Public Service Commission and any other lawful authority must take into account the objectives listed in subsection (2) when developing human resources in the public service.

Section 56. Human resource development Section 56(1)(a) review and issue human resource training and development policy and guidelines; Section 56(1)(b) prescribe procedures and instruments governing the development of human resources in the public service ; Section 56(1)(c) prescribe measures for prudent utilization of the training funds in public bodies; Section 56(1)(d) ensure that training needs assessment and projections are undertaken by every authorized officer ; Section 56(1)(e) ensure the training of public officers in accordance with this Part; Section 56(1)(f) ensure equity in the provision of training opportunities to public officers; Section 56(1)(g) prescribe measures for ensuring merit in the selection and award of training opportunities for public officers; Section 56(1)(h) ensure that every authorized officer undertakes annual assessment of the impact of training programmes in the concerned public body; Section 56(1)(i) prescribe measures to guarantee effective orientation and induction programmes in the public service ; and Section 56(1)(j) monitor and evaluate the effectiveness of Government training programmes geared towards improvement of performance and qualifying to hold a public office. Section 56(2)(a) continuously improve professional knowledge and skills needed for better performance of duties by public officers and public bodies; Section 56(2)(b) bring about the right attitudinal orientation of public officers; Section 56(2)(c) promote responsiveness to the prevailing socioeconomic and political environment in which the public bodies operate and scientific and technological developments; Section 56(2)(d) enhance commitment to democratic values, partnership and participative decision making; Section 56(2)(e) achieve a factual and scientific approach to decision making; Section 56(2)(f) achieve high performance in every public body or public office; Section 56(2)(g) promote and protect human rights and freedoms as provided for in the Constitution; and Section 56(2)(h) promote an ethical environment for public service delivery in accordance with the national values and principles of governance and principles and values of public service as provided for in the Constitution. Section 56(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") and any other lawful authority shall take into account the objectives set out in subsection (2) when developing human resources in the public service .

Section 56Verify source

Part X

EFFICIENCY AND EFFECTIVENESS OF THE PUBLIC SERVICE

§ 62EFFICIENCY AND EFFECTIVENESS OF THE PUBLIC SERVICE - 62. Promotion of efficiency and effectiveness of thepublic serviceOffence

The Public Service Commission may impose sanctions and recommend penalties to the President for an authorised officer who fails to ensure efficiency and effectiveness of a public body.

Section 62. Promotion of efficiency and effectiveness of thepublic service Section 62(1)(a) setting standards in service delivery for evaluating performance in the public service ; Section 62(1)(b) evaluating the organization and core functions of public bodies with respect to human resources, internal processes, citizens' satisfaction and recommending measures for improved performance; Section 62(1)(c) setting the performance contract guidelines in the public service and ensuring compliance with the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's set standards; Section 62(1)(d) providing guidelines on performance appraisal systems for public bodies and the individual public officers; Section 62(1)(e) evaluating performance agreements between the government and public bodies or individual public officers; and Section 62(1)(f) general practices that lead to inefficiency in the public service ; and Section 62(1)(f)(i) general practices that lead to inefficiency in the public service ; and Section 62(1)(f)(ii) reported breach of any law, code of conduct or values and principles of governance and public service ; or Section 62(1)(f)(iii) making recommendations to the respective authorised officer, public body or office for improved efficiency and effectiveness of the public service . Section 62(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may impose sanctions and make recommendations to the President on any penalty to be imposed on an authorized officer who does not ensure efficiency and effectiveness of a public body .

Section 62Verify source

Part XI

PROMOTION OF AND REPORTING ON VALUES AND PRINCIPLES OF GOVERNANCE AND VALUES AND PRINCIPLES OF PUBLIC SERVICE

§ 63PROMOTION OF AND REPORTING ON VALUES AND PRINCIPLES OF GOVERNANCE AND VALUES AND PRINCIPLES OF PUBLIC SERVICE - 63. Promotion of values and principles of governanceProvision

Section 63 concerns promotion of values and principles of governance and integrating those values and principles into the Commission's regulations, procedures, policies and instruments for delivery of its powers and functions; it references "the Public Service Commission established under Article 233 of the Constitution;"

Section 63. Promotion of values and principles of governance Section integrating the values and principles in the regulations, procedures, policies and instruments for delivery of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's powers and functions;

Section 63Verify source

§ 64PROMOTION OF AND REPORTING ON VALUES AND PRINCIPLES OF GOVERNANCE AND VALUES AND PRINCIPLES OF PUBLIC SERVICE - 64. Report on national values and principlesProvision

The Public Service Commission must evaluate and report to the President and Parliament on compliance with Articles 10 and 232 in the public service; publish the report; communicate instances of non-compliance to authorized officers or public bodies and require compliance within a specified period; and authorized officers or public bodies who do not comply are liable to disciplinary action, including removal from office.

Section 64. Report on national values and principles Section 64(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall evaluate and prepare a report to the President and Parliament on the extent to which the values and principles referred to in Articles 10 and 232 of the Constitution are complied with in the public service . Section 64(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall publish and publicize the report made under this Part. Section 64(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall communicate to an authorized officer or public body on instances of non-compliance with values and principles stipulated in Articles 10 and 232 of the Constitution, and require such compliance within a specified period. Section 64(4) Any authorized officer or public body who refuses, fails or neglects to comply with the national values and principles shall be liable to disciplinary action in accordance with the applicable laws including removal from office.

Section 64Verify source

Part XII

EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE

§ 65EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 65. Delegation of disciplinary powers to authorized officersOffence

Section 65 vests disciplinary control in the Public Service Commission and delegates specified disciplinary powers to authorized officers, but limits dismissal/reduction powers for officers with 15+ years' service, requiring referral to the Commission.

Section 65. Delegation of disciplinary powers to authorized officers Section 65(1) The power to exercise disciplinary control ("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;") within the public service shall vest in the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 65(2)(a) to interdict any public officer ("any person other than a state officer who holds a public office;") ; Section 65(2)(a)(i) to interdict any public officer ("any person other than a state officer who holds a public office;") ; Section 65(2)(a)(ii) to suspend any public officer ("any person other than a state officer who holds a public office;") ; Section 65(2)(a)(iii) to stop, withhold or defer a normal increment of any public officer ("any person other than a state officer who holds a public office;") ; Section 65(2)(a)(iv) to reprimand ("a form of disciplinary action imposed after formal charges that declares an officer's conduct improper;") a public officer ("any person other than a state officer who holds a public office;") ; or Section 65(2)(a)(v) to stop a public officer ("any person other than a state officer who holds a public office;") 's pay or salary. Section 65(2)(b) in grades as may be determined by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") in the regulations, the power of dismissal or reduction in rank or seniority as provided for under this Part. Section 65(3) Where a public officer ("any person other than a state officer who holds a public office;") , at the time of the proceedings for dismissal or reduction in rank or seniority, has served for an aggregate of fifteen years or more, the authorized officer shall not exercise the delegated power of dismissal or reduction in rank or seniority but shall, after the investigations, forward the case to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") for determination. Section 65(4)(a) this Act; Section 65(4)(b) the Constitution or any other written law; and Section 65(4)(c) such directions as the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may, from time to time, issue.

Section 65Verify source

§ 66EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 66. Authorized officer may impose penaltiesOffence

An authorized officer may reprimand a public officer after investigation and after giving them an opportunity to be heard, and may stop a public officer's pay for unauthorised absence; an authorized officer exercising delegated powers must act in accordance with the provisions of this Part.

Section 66. Authorized officer may impose penalties Section 66(1)(a) after investigation and after giving a public officer ("any person other than a state officer who holds a public office;") an opportunity to make representation, which shall be recorded, reprimand ("a form of disciplinary action imposed after formal charges that declares an officer's conduct improper;") the public officer ("any person other than a state officer who holds a public office;") ; or Section 66(1)(b) stop the pay or salary of a public officer ("any person other than a state officer who holds a public office;") who has been absent from duty without leave, lawful cause or reasonable excuse, an amount equivalent to the public officer ("any person other than a state officer who holds a public office;") 's pay or salary for such period of absence. Section 66(2) An authorized officer exercising delegated powers under this section shall act in accordance with provisions of this Part.

Section 66Verify source

§ 67EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 67. Absence from duty without leaveCommencement

If a public officer is absent without leave for more than 24 hours and cannot be traced within ten days (or, if traced, fails to reply to a charge within ten days), the authority empowered to dismiss may summarily dismiss the officer; if the officer cannot be traced within ten days the authorised officer must stop salary and allowances and report to next of kin and the Public Service Commission.

Section 67. Absence from duty without leave Section Where a public officer ("any person other than a state officer who holds a public office;") is absent from duty without leave, reasonable or lawful cause for a period exceeding twenty-four hours and the public officer ("any person other than a state officer who holds a public office;") 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 ("any person other than a state officer who holds a public office;") within ten days after the dispatch of the charge to such public officer ("any person other than a state officer who holds a public office;") , the authority empowered to dismiss the public officer ("any person other than a state officer who holds a public office;") may summarily dismiss the public officer ("any person other than a state officer who holds a public office;") : Provided that if the public officer ("any person other than a state officer who holds a public office;") replies to the charge, the disciplinary process as prescribed under this Part shall apply to the case and if the public officer ("any person other than a state officer who holds a public office;") 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 ("any person other than a state officer who holds a public office;") to the officer's next of kin and the Commission ("the Public Service Commission established under Article 233 of the Constitution;") for appropriate action, including relevant investigation.

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§ 68EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 68. Types of penaltiesOffence

Section 68 lists types of disciplinary penalties (recovery of cost, reprimand, deferment of increment, deferment of promotion, dismissal, reduction in rank) and allows the Commission or other disciplinary authority to require retirement instead; dismissal causes forfeiture of pension and related rights; deferment of promotion cannot persist for more than twelve months.

Section 68. Types of penalties Section 68(1)(a) recovery of the cost or part of the cost for any loss or breakage caused by default or negligence, provided no such cost has been recovered by surcharge action under the appropriate financial instructions or regulations; Section 68(1)(b) reprimand ("a form of disciplinary action imposed after formal charges that declares an officer's conduct improper;") ; Section 68(1)(c) deferment of increment in salary; Section 68(1)(d) deferment of a promotion ("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;") : Provided that where deferment of a promotion ("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;") is imposed, the imposition shall not persist for a period exceeding twelve months and the deferred promotion ("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;") shall take effect on the date the deferment lapsed; Section 68(1)(e) dismissal; and Section 68(1)(f) reduction in rank or seniority. Section 68(2) Nothing in this section shall limit the powers conferred on the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or any other lawful authority discharging a disciplinary function to, instead of imposing a penalty, require a public officer ("any person other than a state officer who holds a public office;") to retire from public service on any of the grounds of retirement ("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;") prescribed under this Act. Section 68(3)(a) the public officer ("any person other than a state officer who holds a public office;") has nevertheless raised a mitigating factor which renders imposition of a penalty too harsh in view of the circumstances of the case; Section 68(3)(b) the length of service, benefits accrued and previous good record of the public officer ("any person other than a state officer who holds a public office;") justifies the retirement ("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;") ; Section 68(3)(c) imposing a penalty against the public service officer is likely to adversely affect the reputation of the public body concerned or the public service generally: Section 68(4) Subject to any law or such agreement as may be in force, a public officer ("any person other than a state officer who holds a public office;") who is dismissed shall forfeit all rights or claims to a pension, gratuity, annual allowance or other retiring award, and any rights or claims that the public officer ("any person other than a state officer who holds a public office;") enjoys in regard to leave or passages at the public expense.

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§ 69EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 69. General principles of disciplinary processOffence

The provision sets principles for disciplinary proceedings in the public service, including that the Public Service Commission may direct proceedings, investigators must not impose penalties and must make findings and recommendations, and that certain persons who can impose penalties must not act as investigators.

Section 69. General principles of disciplinary process Section 69(1) A public officer ("any person other than a state officer who holds a public office;") who commits an act of misconduct shall be dealt with immediately in accordance with this Part. Section 69(2) If any case comes to the attention of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") and the Commission ("the Public Service Commission established under Article 233 of the Constitution;") is of the opinion that disciplinary proceedings should be instituted against a public officer ("any person other than a state officer who holds a public office;") , the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, despite any other provisions of this Act, direct the authorized officer to initiate such proceedings. Section 69(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") or any other lawful authority shall not prescribe any disciplinary process that offends the rules of natural justice. Section 69(4)(a) the public officer ("any person other than a state officer who holds a public office;") has been notified, in writing, of the particulars of the misconduct as preferred, including the applicable provision of the Constitution, legislation or code of conduct alleged to have been breached; Section 69(4)(b) the officer has been given a reasonable opportunity to respond to the allegations; Section 69(4)(c) the allegations have been investigated by a public officer ("any person other than a state officer who holds a public office;") or officers who are senior to the officer subject to the proceedings or by any other lawful authority, and the findings are such that the public officer ("any person other than a state officer who holds a public office;") has committed the misconduct as alleged; Section 69(4)(d) the person or authority investigating the case has not been directly or indirectly involved in the case as a witness or complainant or otherwise as an interested party; and Section 69(4)(e) the mitigating or aggravating circumstances of the case have been considered. Section 69(5) Where a penalty is imposed in a disciplinary process, the affected public officer ("any person other than a state officer who holds a public office;") or the representative ("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;") shall be informed of the outcome of the disciplinary process, including such penalty that may have been imposed and any right of appeal or review, in writing. Section 69(6)(a) promptly recorded and reported by the relevant supervisor; and Section 69(6)(b) investigated without delay and a report which shall be submitted together with relevant evidence compiled. Section 69(7)(a) establish and maintain a record relating to the investigation; Section 69(7)(b) give every party involved especially the affected public officer ("any person other than a state officer who holds a public office;") a chance to produce relevant documents, call and examine witnesses, and peruse any documents that may have been produced; Section 69(7)(c) record all relevant and material oral and documentary evidence; Section 69(7)(d) record details of any matter which may aggravate or mitigate the case; and Section 69(7)(e) sum up the case and record the comments in order to clearly show the findings and opinion on the issues under investigation in view of the evidence and the mitigating or aggravating factors on record. Section 69(8) A person involved in investigating a disciplinary case shall not impose any penalty but only make findings and recommendations reserving imposition of penalty, if any, to be decided by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or the authorized officer or other person vested with authority to do so. Section 69(9) A member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , an authorised officer or any other person vested with the function and power to impose a penalty in a disciplinary process shall not be involved as an investigator of any disciplinary case. Section 69(10)(a) the findings on each alleged misconduct which has been preferred against the public officer ("any person other than a state officer who holds a public office;") ; Section 69(10)(b) the penalty, if any, to be inflicted upon the public officer ("any person other than a state officer who holds a public office;") ; and Section 69(10)(c) the right to appeal or application for review with the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or other lawful authority within the time prescribed in the applicable disciplinary procedures. Section 69(11) Any disciplinary proceeding against any public officer ("any person other than a state officer who holds a public office;") shall uphold the right to a fair administrative action as provided for in Article 47 of the Constitution and the Fair Administrative Action Act ( Cap. 7L ). Section 69(12) Where a case is filed in any court against a public body or an authorized officer relating to a disciplinary case involving a public officer ("any person other than a state officer who holds a public office;") , the concerned authorized officer shall, as soon as possible, notify the Commission ("the Public Service Commission established under Article 233 of the Constitution;") .

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§ 70EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 70. InterdictionProvision

Authorised officers may interdict public officers; interdicted officers receive half basic salary and full house allowance, medical allowance or insurance; other benefits withheld; interdicted officers must not leave duty station without permission.

Section 70. Interdiction Section 70(1) Where an authorized officer is satisfied that public interest requires that a public officer ("any person other than a state officer who holds a public office;") should immediately cease to exercise the powers and functions of public office, the authorised officer may, where proceedings which may lead to the public officer ("any person other than a state officer who holds a public office;") 's dismissal are being taken or are about to be taken or criminal proceedings are being instituted against the public officer ("any person other than a state officer who holds a public office;") , interdict the public officer ("any person other than a state officer who holds a public office;") from the exercise of those functions and powers. Section 70(2) A public officer ("any person other than a state officer who holds a public office;") who is interdicted shall receive half basic salary and full house allowance but other benefits shall be withheld by the authorised officer: Provided that a public officer ("any person other than a state officer who holds a public office;") on interdiction shall be paid medical allowance or medical insurance premium remitted, whichever is the case. Section 70(3) Where disciplinary or criminal proceedings have been instituted against a public officer ("any person other than a state officer who holds a public office;") under interdiction and the public officer ("any person other than a state officer who holds a public office;") is not dismissed or otherwise punished, any benefit withheld under subsection (2) shall be restored to the public officer ("any person other than a state officer who holds a public office;") upon the termination of such proceedings. Section 70(4) A public officer ("any person other than a state officer who holds a public office;") who is under interdiction shall not leave the duty station without the permission of the authorized officer or any public officer ("any person other than a state officer who holds a public office;") who is vested with the powers to give such permission on behalf of the authorized officer . Section 70(5) Under this Part, "salary" refers to basic salary and, where applicable, includes overseas allowance.

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§ 71EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 71. SuspensionCommencement

An authorized officer must suspend a public officer charged with a serious criminal offence; suspended officers receive half basic salary and full house allowance while other benefits are withheld, with specific rules on restoration or non-restoration of withheld benefits depending on outcomes.

Section 71. Suspension Section 71(1) Where a public officer ("any person other than a state officer who holds a public office;") has been charged with a serious criminal offence, an authorized officer shall suspend the public officer ("any person other than a state officer who holds a public office;") from the exercise of the functions of the public office pending consideration of the public officer ("any person other than a state officer who holds a public office;") 's case under this Act. Section 71(2) An authorized officer may suspend a public officer ("any person other than a state officer who holds a public office;") against whom proceedings for dismissal have been taken if, as a result of those proceedings, the authorised officer determines that the public officer ("any person other than a state officer who holds a public office;") ought to be dismissed. Section 71(3) A public officer ("any person other than a state officer who holds a public office;") who is suspended shall receive a half basic salary and full house allowance but other benefits shall be withheld by the authorised officer: Provided that an officer on suspension shall be paid medical allowance or medical insurance premium remitted whichever is the case. Section 71(4) Where a public officer ("any person other than a state officer who holds a public office;") has been suspended but is not dismissed or otherwise punished under this Act, any salary, allowances or any other benefit withheld under this section shall be restored to the public officer ("any person other than a state officer who holds a public office;") upon termination of such proceedings. Section 71(5) Where a public officer ("any person other than a state officer who holds a public office;") has been suspended and the public officer ("any person other than a state officer who holds a public office;") is not dismissed but a penalty under this Act is imposed, any salary, allowances or any other benefit withheld under this section shall not be restored upon termination of such proceedings: Provided that upon termination of such proceedings, the officer shall be reinstated to the public office held at the commencement of the proceedings or demoted in accordance with the prevailing terms and conditions of service applicable to the office and with effect from the date of the decision to terminate the proceedings. Section 71(6) A public officer ("any person other than a state officer who holds a public office;") who is suspended shall not leave the duty station without the permission of the authorized officer or of any public officer ("any person other than a state officer who holds a public office;") who is empowered to give such permission on behalf of the authorized officer .

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§ 72EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 72. Duty to update interdicted or suspended officerProvision

Public officers who are interdicted or suspended may request updates in writing; the authorized officer must reply within thirty days; if the authorized officer fails to respond or the officer is dissatisfied, the public officer may apply to the Public Service Commission, which must decide and may terminate the disciplinary proceedings.

Section 72. Duty to update interdicted or suspended officer Section 72(1) Where a public officer ("any person other than a state officer who holds a public office;") has been interdicted or suspended, the public officer ("any person other than a state officer who holds a public office;") may, in writing, request the authorized officer to communicate the progress and action taken towards the conclusion of the disciplinary case. Section 72(2) Where a public officer ("any person other than a state officer who holds a public office;") has made a request in accordance with subsection (1), the authorized officer shall reply within thirty days from the date of receipt of the officer's request. Section 72(3) Where a public officer ("any person other than a state officer who holds a public office;") has made a request in accordance with subsection (1) and the authorized officer has failed to respond within the period specified in subsection (2) or the public officer ("any person other than a state officer who holds a public office;") is dissatisfied with the response, the public officer ("any person other than a state officer who holds a public office;") may apply to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") for the lifting of the interdiction or suspension. Section 72(4) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall upon receipt of an application under subsection (3) make a decision which may include the termination of the disciplinary proceedings.

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§ 73EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 73. Officer convicted of criminal offenceOffence

If a public officer is convicted of a criminal offence and the authorized officer considers penalties are warranted, the authorized officer must send the charge sheet and judgment to the Public Service Commission, which must rely solely on the court record to decide whether to dismiss the officer or apply other penalties; proceedings for minor offences may be disregarded and disciplinary proceedings are confined to criminal proceedings where a prison sentence may be imposed.

Section 73. Officer convicted of criminal offence Section 73(1) If a public officer ("any person other than a state officer who holds a public office;") is convicted of a criminal offence and in the opinion of the authorized officer , it warrants the imposition of any of the penalties prescribed under this Act, the authorized officer shall forward a copy of the charge sheet and judgment and any judgment or order made on appeal or revision to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") for consideration. Section 73(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall consider the documents forwarded under subsection (1) and determine, by relying solely on the court record leading to the conviction, whether the public officer ("any person other than a state officer who holds a public office;") should be dismissed or be subjected to any of the other penalties prescribed under this Act or other legislation. Section 73(3) For the purposes of this section, proceedings for minor offences may be disregarded, and disciplinary proceedings shall be confined to criminal proceedings under the Penal Code ( Cap. 63 ) and other Acts where a prison sentence may be imposed, other than in default of payment of a fine.

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§ 74EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 74. AppealsOffence

A public officer may appeal a disciplinary decision to the Public Service Commission in writing within ninety days; the Commission may accept late appeals, may only hear a particular decision once, appeals do not suspend disciplinary action, and the Commission may uphold, set aside, vary, give directions, order refunds/reinstatement, direct disciplinary action against negligent officers, or make other appropriate decisions.

Section 74. Appeals Section 74(1) Any person who is dissatisfied or affected by a decision made by an authorized officer or other authority in exercise or purported exercise of disciplinary control ("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;") against any public officer ("any person other than a state officer who holds a public office;") under this Act may appeal to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 74(2) An appeal under subsection (1) shall be made in writing within ninety days from the date of the decision appealed against: Provided that the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may consider an appeal that was made out of time if, in the opinion of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , the circumstances warrant such consideration. Section 74(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall not entertain an appeal by a public officer ("any person other than a state officer who holds a public office;") or a representative ("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;") of a public officer ("any person other than a state officer who holds a public office;") , in respect of a particular decision, more than once. Section 74(4) Despite the right of appeal conferred on a public officer ("any person other than a state officer who holds a public office;") by this section, disciplinary action shall not be deferred or suspended pending the determination of the appeal. Section 74(5)(a) uphold the decision; Section 74(5)(b) set the decision aside; Section 74(5)(c) vary the decision as it considers to be just; Section 74(5)(d) give such directions as it may consider appropriate with respect to the decision; Section 74(5)(e) direct the refund, reinstatement of remuneration or release of any withheld payments due to the public officer ("any person other than a state officer who holds a public office;") as it considers to be just; Section 74(5)(f) direct that disciplinary action be taken against any public officer ("any person other than a state officer who holds a public office;") who has failed to discharge a duty that was the public officer ("any person other than a state officer who holds a public office;") 's responsibility to perform in relation to the disciplinary case and the concerned public body has suffered a loss; or Section 74(5)(g) make any other appropriate decision in view of the circumstances of the case. Section 74(6) Where the Commission ("the Public Service Commission established under Article 233 of the Constitution;") sets aside a decision under subsection (5)(b), the public officer ("any person other than a state officer who holds a public office;") shall revert to the previous status held and receive the attendant benefits as though the decision set aside was never made.

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§ 75EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE - 75. ReviewsProvision

Provides grounds and procedure for review of disciplinary decisions by the Public Service Commission: applications must be in writing within six months, the Commission may extend time if warranted, the Commission may make various decisions including upholding, setting aside, varying decisions, ordering refunds or reinstatement, and directing disciplinary action; deferred suspension of disciplinary action pending review is not allowed.

Section 75. Reviews Section 75(1)(a) fresh material facts arise which with due diligence could not be presented when the decision was initially made; or Section 75(1)(b) there is an error apparent on the record of the earlier decision. Section 75(2) An application for review under subsection (1) shall be in writing and made within six months from the date of the decision to be reviewed: Provided that the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may entertain an application for review out of time if, in the opinion of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , the circumstances warrant it. Section 75(3) Despite the right to apply for review conferred on a public officer ("any person other than a state officer who holds a public office;") by this section, disciplinary action shall not be deferred or suspended pending the determination of the application for review. Section 75(4)(a) uphold the decision; Section 75(4)(b) set the decision aside; Section 75(4)(c) vary the decision as it considers to be just; Section 75(4)(d) give such directions as it may consider appropriate with respect to the decision; Section 75(4)(e) direct the refund, reinstatement of remuneration or release of any withheld payments due to the public officer ("any person other than a state officer who holds a public office;") as it considers to be just; Section 75(4)(f) direct that disciplinary action be taken against any public officer ("any person other than a state officer who holds a public office;") who has failed to discharge a duty that was the public officer ("any person other than a state officer who holds a public office;") 's responsibility to perform in relation to the disciplinary case and the concerned public body has suffered a loss; or Section 75(4)(g) make any other appropriate decision in view of the circumstances of the case. Section 75(5) Where the Commission ("the Public Service Commission established under Article 233 of the Constitution;") sets aside a decision under subsection (4)(b), the public officer ("any person other than a state officer who holds a public office;") shall revert to the previous status held and receive the attendant benefits as though the decision set aside was never made.

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Part XIII

PETITION FOR THE REMOVAL OF THE DIRECTOR OF PUBLIC PROSECUTIONS

§ 76PETITION FOR THE REMOVAL OF THE DIRECTOR OF PUBLIC PROSECUTIONS - 76. Petition for removal of theDirectorof Public ProsecutionsProvision

A petition to remove the Director of Public Prosecutions must be made in accordance with regulations made by the Commission.

Section 76. Petition for removal of theDirectorof Public Prosecutions Section A petition for the removal of the Director ("the Director of Public Prosecutions appointed under Article 157 of the Constitution;") of Public Prosecutions under Article 158 of the Constitution shall be made in accordance with regulations made by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") .

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Part XIV

RESIGNATION, RETIREMENT AND RELATED MATTERS

§ 77RESIGNATION, RETIREMENT AND RELATED MATTERS - 77. Application of this PartProvision

Except as otherwise provided in a contract of service, this Part applies to resignation, retirement, and pension or other benefits due to a public officer.

Section 77. Application of this Part Section Except as otherwise provided for in a contract of service, this Part shall apply to resignation ("the action of a public officer 's exit from the public service in accordance with;") , retirement ("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;") , pension or other benefits due to a public officer ("any person other than a state officer who holds a public office;") .

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§ 78RESIGNATION, RETIREMENT AND RELATED MATTERS - 78. ResignationProvision

Section 78. Resignation Section 78(1) A public officer ("any person other than a state officer who holds a public office;") desirous of resigning from a public office shall write a resignation ("the action of a public officer 's exit from the public service in accordance with;") letter to the public officer ("any person other than a state officer who holds a public office;") 's appointing authority. Section 78(2) The public officer ("any person other than a state officer who holds a public office;") shall give one months' notice or pay one month's salary in lieu of notice. Section 78(3)(a) terms and conditions applicable or contained in the contract of service; and Section 78(3)(b) provisions of law governing the resignation ("the action of a public officer 's exit from the public service in accordance with;") of public officers; or employment law governing resignations generally. Section 78(4) A person who had resigned from the public service may rejoin the service in accordance with the provisions of this Act or any other relevant legislation and procedures governing appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") to the public service .

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§ 79RESIGNATION, RETIREMENT AND RELATED MATTERS - 79. Grounds forretirementand entitlement to pensions benefitsProvision

Section 79 lists grounds for retirement and describes entitlement to pension and separation benefits upon exit from the public service.

Section 79. Grounds forretirementand entitlement to pensions benefits Section 79(1)(a) on attainment of the mandatory retirement ("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;") age as may be prescribed by regulation; Section 79(1)(b) on attainment of fifty years; Section 79(1)(c) on medical grounds; Section 79(1)(d) where a public office is abolished; Section 79(1)(e) in accordance with a special retirement ("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;") scheme agreed between a public officer ("any person other than a state officer who holds a public office;") and the relevant lawful authority; or Section 79(1)(f) by voluntary retirement ("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;") . Section 79(2)(a) notify the public officer ("any person other than a state officer who holds a public office;") in writing; and Section 79(2)(b) prepare and forward the public officer ("any person other than a state officer who holds a public office;") 's pensions claims to the pensions branch of the National Treasury or other authority charged with administration of the public officer ("any person other than a state officer who holds a public office;") 's pensions benefits.

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§ 80RESIGNATION, RETIREMENT AND RELATED MATTERS - 80. Retirement on the basis of ageProvision

Public officers must retire when they reach the mandatory retirement age; the Public Service Commission or other appointing authority must not extend their service beyond that age.

Section 80. Retirement on the basis of age Section 80(1)(a) the public officer ("any person other than a state officer who holds a public office;") shall retire from the service with effect from the date of attaining the mandatory retirement ("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;") age; and Section 80(1)(b) the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or other appointing authority shall not extend the service of such retired public officer ("any person other than a state officer who holds a public office;") beyond the mandatory retirement ("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;") age. Section 80(2)(a) the public officer ("any person other than a state officer who holds a public office;") possesses rare knowledge, skills and competencies for the time being required in the service; Section 80(2)(b) the retired officer is willing to be engaged on contract; and Section 80(2)(c) the retired public officer ("any person other than a state officer who holds a public office;") 's performance shall not in any way be impaired by age.

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§ 81RESIGNATION, RETIREMENT AND RELATED MATTERS - 81. Retirement on attainment of fifty yearsProvision

A public officer who is at least fifty years old and has served an aggregate of at least five years may choose to retire by giving the authorized officer at least three months' notice.

Section 81. Retirement on attainment of fifty years Section Where a public officer ("any person other than a state officer who holds a public office;") 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 ("any person other than a state officer who holds a public office;") may opt to retire by giving the authorized officer at least three months' notice.

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§ 82RESIGNATION, RETIREMENT AND RELATED MATTERS - 82. Retirement on grounds of ill healthProvision

Section 82 governs retirement on grounds of ill health: an authorized officer must initiate retirement process if a public officer requests retirement for ill health or is considered incapable; the authorized officer must refer the officer to a medical board; the Commission determines retirement and may order further inquiry or direct the authorized officer; if an able officer fails to appear before the medical board the authorized officer must forward the case to the Commission.

Section 82. Retirement on grounds of ill health Section 82(1)(a) the concerned authorized officer considers that a public officer ("any person other than a state officer who holds a public office;") is incapable by reason of any infirmity of body or mind of discharging the function of the public office and therefore it is in the best interest of the public officer ("any person other than a state officer who holds a public office;") to retire; or Section 82(1)(b) the public officer ("any person other than a state officer who holds a public office;") requests to be retired on grounds of ill health, and in this case, the authorized officer shall initiate the process for the retirement ("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;") in accordance with this section. Section 82(2) Where a public officer ("any person other than a state officer who holds a public office;") is considered for retirement ("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;") or has requested to be retired in accordance with subsection (1), the authorized officer shall call upon the public officer ("any person other than a state officer who holds a public office;") to appear before a medical board constituted by the Director ("the Director of Public Prosecutions appointed under Article 157 of the Constitution;") of Medical Services to ascertain whether or not the public officer ("any person other than a state officer who holds a public office;") should be retired on grounds of ill health. Section 82(3)(a) request the public officer ("any person other than a state officer who holds a public office;") to make any personal representation in view of the medical board's record of proceedings and findings; Section 82(3)(b) make recommendation in view of the medical board's findings on the public officer ("any person other than a state officer who holds a public office;") and the public officer ("any person other than a state officer who holds a public office;") 's representation, if any; and Section 82(3)(c) forward all the documents referred to in this section to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 82(4) Unless the Commission ("the Public Service Commission established under Article 233 of the Constitution;") considers that further inquiry is necessary, in which case it shall issue directions to the authorized officer , it shall determine whether the public officer ("any person other than a state officer who holds a public office;") should be called upon to retire on grounds of ill health. Section 82(5) Where a public officer ("any person other than a state officer who holds a public office;") , who has the ability to appear before the medical board, fails to so appear, the authorised officer shall forward the case together with the relevant background information to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") and the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall make an appropriate decision, including retiring the public officer ("any person other than a state officer who holds a public office;") on grounds of ill health, where appropriate.

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§ 83RESIGNATION, RETIREMENT AND RELATED MATTERS - 83. Retirement based on special contractual terms or a specialretirementschemeProvision

Section 83. Retirement based on special contractual terms or a specialretirementscheme Section public officer ("any person other than a state officer who holds a public office;") 's contractual terms and conditions of service provide for a special retirement ("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;") clause that has fallen due; or

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§ 84RESIGNATION, RETIREMENT AND RELATED MATTERS - 84. Retirement decisions reviewableProvision

Section 84 lists grounds for review of a retirement decision (fresh material facts, an error on the record, or manifest absence of parity), states that an application for review must be made within six months of the date of retirement, and allows the Commission to consider late applications if circumstances warrant.

Section 84. Retirement decisions reviewable Section 84(1)(a) fresh material facts which with due diligence could not be presented when the decision was initially made; Section 84(1)(b) an error apparent on the record of the initial decision; or Section 84(1)(c) manifest absence of parity of treatment in view of the circumstances and facts of the case. Section 84(2) An application for review under this section shall be made within six months from the date of the retirement ("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;") decision Provided that the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may consider an application for review outside the prescribed time if circumstances warrant it.

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Part XV

HEARING AND DETERMINATION OF APPEALS IN RESPECT OF COUNTY GOVERNMENT PUBLIC SERVICE

§ 85HEARING AND DETERMINATION OF APPEALS IN RESPECT OF COUNTY GOVERNMENT PUBLIC SERVICE - 85. Appeal from County Governmentpublic serviceProvision

Appeal from County Government public service concerning recruitment, selection, appointment (including acting appointment, re-appointment, promotion and re-designation) and qualifications attached to any office.

Section 85. Appeal from County Governmentpublic service Section recruitment, selection, appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") and qualifications attached to any office;

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§ 86HEARING AND DETERMINATION OF APPEALS IN RESPECT OF COUNTY GOVERNMENT PUBLIC SERVICE - 86. Procedure for appealProvision

Persons dissatisfied with a county public service decision may appeal to the Public Service Commission; appeals must be in writing and made within ninety days, though the Commission may hear late appeals if circumstances warrant; the Commission must make regulations and may uphold, set aside, vary or direct regarding decisions.

Section 86. Procedure for appeal Section 86(1) Any person who is dissatisfied or affected by a decision made by any authority or person in respect of a County Government public service may appeal to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") against the decision. Section 86(2) An appeal under subsection (1) shall be in writing and made within ninety days from the date of the decision: Provided that the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may consider an appeal out of time if, in the opinion of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , the circumstances warrant it. Section 86(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall make regulations to guide the hearing and determination of appeals from the county public service boards. Section 86(4)(a) uphold the decision; Section 86(4)(b) set the decision aside; Section 86(4)(c) vary the decision as it considers to be just; or Section 86(4)(d) give such directions as it may consider appropriate with respect to the decision.

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§ 87HEARING AND DETERMINATION OF APPEALS IN RESPECT OF COUNTY GOVERNMENT PUBLIC SERVICE - 87. TheCommissionmay co-opt expertsProvision

The Public Service Commission may co-opt relevant experts when hearing and determining appeals from county government public service; and a person must not start court proceedings about matters within the Commission's jurisdiction to hear such appeals until the Part's procedure is exhausted.

Section 87. TheCommissionmay co-opt experts Section 87(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may in hearing and determining appeals from the County Governments' public service , co-opt relevant experts depending on the nature of the appeal. Section 87(2) A person shall not file any legal proceedings in any Court of law with respect to matters within the jurisdiction of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") to hear and determine appeals from county government ("a county government established under Article 176(1) of the Constitution;") public service unless the procedure provided for under this Part has been exhausted.

Section 87Verify source

§ 88HEARING AND DETERMINATION OF APPEALS IN RESPECT OF COUNTY GOVERNMENT PUBLIC SERVICE - 88. Procedure for review of a decision in respect of a countypublic serviceboardProvision

The Public Service Commission may consider late applications for review in exceptional circumstances, and the Commission must state reasons for its decisions on appeals or review applications.

Section 88. Procedure for review of a decision in respect of a countypublic serviceboard Section 88(1)(a) fresh material facts arise which with due diligence could not be presented when the decision was initially made; or Section 88(1)(b) there is an error apparent on the record of the earlier decision. Section 88(2) An application for review under subsection (4) shall be in writing and made within six months from the date of the decision. Section 88(3) Notwithstanding sub section (2), the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may consider an application for review out of time if, in the opinion of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , the circumstances warrant the consideration. Section 88(4) Despite the right of appeal or the right to apply for review in accordance with this Part, the implementation of the decision shall not be deferred or suspended pending the determination of the appeal or the application for review. Section 88(5)(a) uphold the decision; Section 88(5)(b) set the decision aside; Section 88(5)(c) vary the decision as it considers to be just; Section 88(5)(d) give such directions as it may consider appropriate with respect to the decision; Section 88(6) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall state the reason for its decision on an appeal or application for review.

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§ 89HEARING AND DETERMINATION OF APPEALS IN RESPECT OF COUNTY GOVERNMENT PUBLIC SERVICE - 89. Enforcement of appeal decisionProvision

People affected by a Commission decision may file that decision for enforcement in the Employment and Labour Relations Court; persons who refuse, fail or neglect to implement the Commission's decisions are liable to disciplinary action, including removal from office.

Section 89. Enforcement of appeal decision Section 89(1) Any person who is affected by the decision of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") made under this Part may file the decision for enforcement by the Employment and Labour Relations Court provided for under Article 162(2)(a) of the Constitution. Section 89(2) Any person who refuses, fails or neglects to implement the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's decisions is liable to disciplinary action in accordance with the applicable laws including removal from office.

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Part XVI

COMMISSION'S REPORTS TO THE PRESIDENT AND PARLIAMENT

§ 90COMMISSION'S REPORTS TO THE PRESIDENT AND PARLIAMENT - 90. Annual ReportProvision

The Commission must prepare a report for submission to the President and Parliament within six months after the end of the financial year.

Section 90. Annual Report Section 90(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall within six months after the closure of the financial year prepare a report for submission to the President and Parliament. Section 90(2)(a) the financial statements of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 90(2)(b) decisions, observations, findings and recommendations in respect to any Constitutional or statutory function of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 90(2)(c) any findings of an audit, investigation, evaluation, monitoring, inquiry, research or visits undertaken by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 90(2)(d) any information that is required by law to be reported on by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 90(2)(e) any issue the President or Parliament has in writing required the Commission ("the Public Service Commission established under Article 233 of the Constitution;") to report upon; Section 90(2)(f) any impediments to the achievements of the objects and functions of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") under the Constitution, this Act or any written law; and Section 90(2)(g) any other information relating to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's functions that the Commission ("the Public Service Commission established under Article 233 of the Constitution;") considers necessary.

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§ 91COMMISSION'S REPORTS TO THE PRESIDENT AND PARLIAMENT - 91. Report to be publishedProvision

The Commission must publish and publicize the report submitted to the President and Parliament.

Section 91. Report to be published Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall publish and publicize the report submitted to the President and Parliament.

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Part XVII

PROVISIONS ON DELEGATED POWERS

§ 92PROVISIONS ON DELEGATED POWERS - 92. RegulationsInterpretation

The Public Service Commission may make regulations to carry the Act into effect; the Cabinet Secretary may be enabled by delegation to make regulations only to bring the Act into effect and subject to specified statutory and international limits.

Section 92. Regulations Section 92(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may make regulations prescribing anything required by this Act to be prescribed generally for the better carrying into effect the provisions of this Act. Section 92(2)(a) the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") , discipline and removal of staff in the public service ; Section 92(2)(b) the form and method of keeping records under this Act; Section 92(2)(c) guidelines or criteria on the qualifications of persons entering the public service ; Section 92(2)(d) administration of career progression and professional development programs for public officers; Section 92(2)(e) operations and procedures of a committee established under the Act; Section 92(2)(f) guidelines on retirement ("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;") ; and Section 92(2)(g) any other matter incidental to the discharge of the functions and powers of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 92(3)(a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the public service;") to make regulations for better carrying into effect the provisions of this Act; Section 92(3)(b) the authority of the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the public service;") to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; and Section 92(3)(c) the Statutory Instruments Act ( Cap. 2A ); Section 92(3)(c)(i) the Statutory Instruments Act ( Cap. 2A ); Section 92(3)(c)(ii) the Interpretation and General Provisions Act ( Cap. 2 ); Section 92(3)(c)(iii) the general rules of international law as specified under Article 2(5) of the Constitution; and Section 92(3)(iv) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.

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Part XVIII

MISCELLANEOUS PROVISIONS

§ 100MISCELLANEOUS PROVISIONS - 100. OffencesOffence

Members, officers, and other persons must not publish or disclose to unauthorized persons any documents, communications or information that they learn in the course of performing duties under this Act; contraventions are offences carrying fines and/or imprisonment.

Section 100. Offences Section 100(1) Without prejudice to any other law, no member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") or officer of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or any other person shall publish or disclose to an unauthorized person, any document, communication or information which has come to the knowledge of such member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") or officer in the course of performing their duties under this Act or any regulation made there under. Section 100(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. Section 100(3) Without prejudice to any other law, any person who discloses or publishes any information other than in accordance with Article 35 of the Constitution and the law relating to data protection and freedom of information, commits an offence and is liable on conviction, to a fine not exceeding one hundred thousand or imprisonment for a term not exceeding two years or to both such fine and imprisonment. Section 100(4) Any person who gives false or misleading information to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or to any member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. Section 100(5) A person who fails to produce a document or information required by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") on a matter before it, commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.

Section 100Verify source

§ 101MISCELLANEOUS PROVISIONS - 101. Disclosure of interestCommencement

Persons present at Commission or committee meetings must promptly declare any private interest in matters under consideration, the disclosure must be recorded in the minutes, and they must not take part in discussion or vote on that matter unless the Commission or committee directs otherwise; contravention is an offence with fines or imprisonment.

Section 101. Disclosure of interest Section 101(1) A person present at a meeting of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or any committee at which any matter is the subject of consideration and in which matter that person is directly or indirectly interested in a private capacity, that person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or committee otherwise directs, take part in any consideration or discussion of, or vote on any question touching such matter. Section 101(2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made. Section 101(3) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding seven years or to both such fine and imprisonment.

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§ 103MISCELLANEOUS PROVISIONS - 103. TransitionCommencement

Members of the Public Service Commission in office immediately before this Act continue for the remainder of their terms; former officers may be officers subject to law; pending disciplinary proceedings continue.

Section 103. Transition Section 103(1) The members of the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") existing immediately before the commencement of this Act shall continue in office for the unexpired period of their respective terms. Section 103(2) A person who immediately before the commencement of this Act was an officer of the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") existing immediately before the commencement of this Act, may, subject to the provisions of the Constitution, this Act and any other relevant law, be an officer of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 103(3) Any disciplinary proceedings that are pending before the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") before the commencement of this Act shall be continued as if the Commission ("the Public Service Commission established under Article 233 of the Constitution;") was the Commission ("the Public Service Commission established under Article 233 of the Constitution;") before the commencement of this Act.

Section 103Verify source

§ 104MISCELLANEOUS PROVISIONS - 104. Transfer of assets, etc.Commencement

On commencement, all property, assets, rights, liabilities, obligations, agreements and other arrangements that were vested in, acquired, incurred or entered into by or on behalf of the Public Service Commission immediately before commencement are deemed to have vested in, been acquired by, incurred by or entered into by or on behalf of the Commission to the same extent as they were enforceable by or against the former Commissions.

Section 104. Transfer of assets, etc. Section 104(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") existing immediately before the commencement of this Act, shall upon the commencement of this Act subject to the relevant law, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") to the same extent as they were enforceable by or against either of the former Commissions before the commencement of the Act. Section 104(2)(a) make such entries in the appropriate register as shall give effect to the transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") ; Section 104(2)(b) where appropriate, issue to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") a certificate of title or other statutory evidence of ownership of the property or make such amendments on such certificates or in the appropriate register as may be necessary; and Section 104(2)(c) make any necessary endorsements on such deeds or other documents as may be presented to such registering authority relating to the title, right or obligation concerned.

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§ 93MISCELLANEOUS PROVISIONS - 93. Communication ofCommission's decisionsProvision

Decisions of the Commission affecting a public officer must be communicated to that public officer through the relevant authorized officer.

Section 93. Communication ofCommission's decisions Section A decision of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") affecting a public officer ("any person other than a state officer who holds a public office;") shall be communicated to the public officer ("any person other than a state officer who holds a public office;") through the relevant authorized officer .

Section 93Verify source

§ 94MISCELLANEOUS PROVISIONS - 94. Service of notices, etcProvision

If a served officer does not respond within twenty one days, the Public Service Commission or an authorized officer may take necessary action; the provision also discusses serving notices on public officers or any person.

Section 94. Service of notices, etc Section 94(1)(a) it is necessary to serve a notice, charge or other document upon a public officer ("any person other than a state officer who holds a public office;") or any person; and Section 94(1)(b) it is not possible to effect such service upon, or communicate such information to the public officer ("any person other than a state officer who holds a public office;") or the person, Section 94(2) If the officer so served does not respond within twenty one days, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or authorized officer may take such action as it may consider necessary.

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§ 95MISCELLANEOUS PROVISIONS - 95. Advance copies to theCommissionProvision

Public officers may send directly to the Commission an advance copy of a document that this Act requires to be forwarded to the Commission.

Section 95. Advance copies to theCommission Section Nothing in this Act shall prevent a public officer ("any person other than a state officer who holds a public office;") from sending, directly to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , an advance copy of a document which under this Act is required to be forwarded to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") through the relevant authorized officer .

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§ 96MISCELLANEOUS PROVISIONS - 96. Special obligations of theauthorized officerProvision

Special obligations of theauthorized officer Section the delegated function, duty performed or power exercised;

Section 96. Special obligations of theauthorized officer Section the delegated function, duty performed or power exercised;

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§ 97MISCELLANEOUS PROVISIONS - 97. Scheduled exercise of powers and functions of theCommissionProvision

The Commission may issue an annual programme to authorised officers setting out a schedule for exercising powers and performing functions under the Act.

Section 97. Scheduled exercise of powers and functions of theCommission Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") 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.

Section 97Verify source

§ 98MISCELLANEOUS PROVISIONS - 98.Commissionmay assign alternative Job GroupsProvision

The Public Service Commission may, by notice in the Gazette, assign the Job Groups referred to in this Act to public offices in public bodies that do not use such Job Groups.

Section 98.Commissionmay assign alternative Job Groups Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") 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.

Section 98Verify source

§ 99MISCELLANEOUS PROVISIONS - 99. Management of informationProvision

The Commission must publish and publicize important information within its mandate affecting the nation.

Section 99. Management of information Section 99(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall publish and publicize important information within its mandate affecting the nation. Section 99(2)(a) shall be addressed to the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") or such other person as the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may for that purpose designate and may be subject to the payment of a reasonable fee in instances where the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall incur an expense in providing the information; and Section 99(2)(b) may be subject to confidentiality requirements of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 99(3)(a) the request is unreasonable in the circumstances; Section 99(3)(b) the information requested is at a deliberative stage by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 99(3)(c) there is failure of payment of the prescribed fee; or Section 99(3)(d) the applicant fails to satisfy any confidentiality requirements by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 99(4) Every member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") and employee of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall sign a confidentiality agreement.

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Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Constitution and section 28 of the Kenya Defence Forces Act
Section 3
Constitution and the Fair Administrative Act
Section 69

N–S

1 instrument

Public Service Commission in office immediately before this Act
Section 103

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