Foreign Service Act

This Act may be cited as the Foreign Service Act.

Section 2 includes the phrase "is under the age of twenty-two years".

Establishes the Foreign Service and states that it shall be headed by the Cabinet Secretary and guided by national values, the Constitution, international law and diplomatic customs.

The composition of the Foreign Service must reflect the gender, regional and other diversities of the people of Kenya.

The Foreign Service Section is responsible for developing and managing Kenya’s foreign policy.

The Cabinet Secretary is the principal advisor to the President on matters relating to foreign policy.

The Principal Secretary provides administrative supervision to the Service.

The Cabinet Secretary may recommend and, with Cabinet approval, establish Missions; the Cabinet Secretary must be guided by Kenyan foreign policy.

The Cabinet Secretary must prescribe the organizational structure of the Ministry headquarters and its overseas Missions in regulations.

The Ministry Headquarters has functions including (a) providing foreign policy advice and coordinating political diplomacy; (b) coordinating protocol matters for efficient diplomatic engagement; (c) providing legal advice and handling compliance matters; (d) advancing economic and commercial diplomacy; (e) central planning and coordination of Ministry projects; and the Ministry Headquarters may establish other offices necessary to discharge its functions under this Act.

Section 11 requires the Service to set terms and conditions of service, establish a Foreign Service Personnel Scheme governing recruitment and career progression, requires candidates to be Kenyan citizens who have passed Foreign Service Examinations, mandates competitive recruitment and promotion to assess candidates’ competence, fitness and aptitude, and requires recruitment and appointment procedures to comply with public service values and principles.

The Public Service Commission must, in consultation with the Cabinet Secretary, prescribe conditions of service for officers, high commissioners, ambassadors, diplomatic and consular representatives and other diplomatic personnel.

The Cabinet Secretary may, with the concurrence of the Public Service Commission, second Ministry officers to intergovernmental organizations or agencies.

The Cabinet Secretary may assign, extend, terminate, require return of, and recall officers assigned to Missions; officers assigned overseas must remain bound by public service regulations in addition to their employment contracts.

The Cabinet Secretary must ensure officers receive appropriate diplomatic and other training; the Academy and other authorized institutions must undertake that training and capacity building.

The Public Service Commission may second staff from any other Ministry to a Mission if it has the concurrence of the relevant Cabinet Secretary and the Cabinet Secretary; where a person is seconded, the Cabinet Secretary and the relevant Cabinet Secretary must agree the employment and financial conditions for the duration of secondment.

The Head of the Mission must conduct a background check before employing a person under this section.

Officers and accompanying spouses or dependant children must not be deprived of treaty- or convention-provided privileges and immunities during the Officer's tour of duty; persons who abuse privileges or immunities face disciplinary action; persons may not waive such privileges or immunities without the Cabinet Secretary's express approval.

The Cabinet Secretary must prescribe a code of conduct to bind all officers and service staff engaged by the Ministry.

The Cabinet Secretary may make regulations under this Act to carry its provisions into effect, subject to limits and applicable principles.

Section 20 makes the offices of high commissioners, ambassadors and diplomatic or consular representatives State offices and requires the President, with National Assembly approval, to nominate and appoint them, subject to diversity and qualification criteria.

A Mission may appoint more than one person as ambassador or high commissioner; if there is more than one, the one designated as ambassador extraordinary and plenipotentiary shall be the Head of Mission.

Representatives serve a four-year term (unless terminated earlier); certain re-appointments do not require National Assembly approval.

The President may terminate the appointment of a high commissioner, ambassador, diplomatic or consular representative before the end of his or her term.

A Mission and its Head of Mission may be accredited to one or more states and international organisations.

The President may appoint any suitable person as an Honorary Consul for the Republic, subject to the qualifications listed in subsection (2).

Lists functions and responsibilities assigned to an Honorary Consul, including pursuing foreign policy objectives, representing the Republic at official functions, reporting opportunities to the Head of Mission, and performing functions in the instrument of appointment.

The Cabinet must formulate the Republic's foreign policy objectives on the recommendation of the Cabinet Secretary.

Establishes the Foreign Service Academy under the Ministry and lists corporate capacities of the Academy including suing and being sued, acquiring and disposing of property, borrowing or receiving grants, and performing other acts necessary to carry out its functions.

The Academy: "be the principal institution for training and capacity building of members of the Foreign Service."

The chairperson and the members appointed under subsection (1)(d) hold office for three years and may be re-appointed for one further term.

The Council has all powers necessary to perform the Academy's functions and may exercise specific powers such as managing assets, deciding expenditures, handling funds (with required Cabinet Secretary approvals), opening bank accounts, investing funds (with approvals), undertaking necessary activities, and determining foreign service programme content.

Except as provided in the Schedule, the Council may regulate its own procedure.

The Council must pay its members such remuneration, fees or allowances as may be determined by the Salaries and Remuneration Commission.

Establishes a competitively recruited Director-General appointed by the Council who serves a five-year term, renewable once on satisfactory performance, and sets minimum experience and Chapter Six requirements.

The Director-General is the accounting officer of the Academy.

There is a Corporation Secretary of the Academy who serves as Secretary to the Council; the Council must determine that Secretary's terms and conditions in consultation with the Salaries and Remuneration Commission.

If either the Chairperson or the Director-General is absent for a particular matter, the Council must nominate one member to authenticate the Academy's seal on their behalf.

The Council may appoint officers and other staff for the Academy.

The Council may, by resolution, delegate any powers or functions of the Academy to committees, Council members, or Academy officers, employees or agents.

The Council and its staff are protected from liability for loss or damage if their actions or omissions were done in good faith and without negligence; the Council must pay certain court expenses if a court finds the act was done in good faith, unless recovered by the person.

The National Assembly has the power to appropriate moneys for the purposes of the Academy.

The Academy's financial year is a period of twelve months ending on 30 June each year.

The Council must prepare and approve annual revenue and expenditure estimates for the Academy at least three months before each financial year, submit them to the Cabinet Secretary for approval, include specified payments, maintenance and reserve provisions, and may not increase estimates after Cabinet Secretary approval without that Secretary's consent.

The Council must keep proper books and records of the Academy's accounts for income, expenditure and assets.

The Cabinet Secretary must be responsible for administering this Act.

The National Treasury must, subject to approval by the National Assembly, allocate funds from the Consolidated Fund or reimburse the Ministry for expenses of emergency evacuation of Kenyans abroad approved by the Cabinet.

The National Treasury must compensate the Ministry for losses from foreign exchange adjustments on monies sent to its Missions abroad.

The Head of a Mission (or designate) shall be the first point of contact for a Mission of the Republic; the Principal Secretary shall be the first point of contact for the Ministry Headquarters.

Officials appointed before this Act (high commissioners, ambassadors and diplomatic or consular representatives) must serve the remainder of their unexpired terms unless recalled or removed in accordance with the Constitution, any written law or contract; staff of the Ministry in place before this Act become staff of the Foreign Service.