A proposed law requires all public entities to undertake regular review, and publish and publicise qualifications of all public officers.
Kenyans will soon know the qualifications of all officers holding positions in the national government, county government, and other public service offices if Parliament passes a new Bill into law.
The proposed law requires all public entities to undertake regular review, and publish and publicise qualifications of all public officers established by the public service entity.
The Public Service Human Resource Management Bill, 2024, seeks to guide the management in the public service for efficient and effective public service delivery that guarantees high quality service to the citizens.
The Bill, sponsored by the chairperson of the National Assembly's Labour Committee, Eric Karemba, also seeks to address the public human resources environment, which is currently governed by conflicting laws and policies that do not support the implementation of decisions and actions that are critical to the transformation of the public service and the country.
The Bill provides for qualifications for appointment to an office in the public service, appointment of chairpersons, and members of councils of public universities, boards of State corporations, and other public bodies.
“A public service entity shall regularly review, publish and publicise qualifications relating to all public officers established by the public service entity,” the Bill states.
“A public service entity or a lawful authority shall publish and publicise any revised qualifications to public officers within their mandate.”
The Bill defines a public officer to mean any state officer, or any person, other than a state officer, who holds a public office.
The Bill comes in the wake of the ongoing crackdown on state officers with fake degrees, diplomas, and certificates.
The Public Service Commission (PSC) and the Ethics and Anti-Corruption Commission (EACC) launched a crackdown on public officers who secured employment or promotions using fake academic qualifications. The audit revealed that over 2,000 fake academic and professional certificates were used to secure jobs in government institutions.
The PSC, in two circulars, directed state organisations to terminate the services of any officer found to have used forged certificates.
In March this year, the EACC asked individuals who secured employment in public offices using fake credentials to consider alternative dispute resolution mechanisms with the commission if they return all the money earned as salaries from irregularly acquired positions.
The purge of fake academic papers has seen several employees of Parliament, the Independent Electoral and Boundaries Commission (IEBC), and parastatals such as the Postal Corporation of Kenya sack employees.
“A determination, review or recommendation of qualifications shall not apply retrospectively to a public officer who is already holding or acting in the public office with respect to which the qualification relates,” the Bill states in clause 48.
“Where a qualification is reviewed with an aim of upgrading a grade or rank, the coming into force of the qualification shall not have the effect of automatically promoting the affected public officer to the upgraded grade or rank unless the public service entity or any other lawful appointing authority has made a specific promotional decision in accordance with the provisions of this Act.”
The Bill, tabled in Parliament on November 22, 2024, makes provisions that require a candidate or public officer to be vetted by a relevant public agency before they are appointed, promoted, conferred an award, or otherwise.
The Bill seeks to cure the practice of state entities appointing officers in acting capacity for endless periods before appointing a substantive office holder.
“An officer may be appointed in an acting capacity for a non-renewable period of at least 30 days but not exceeding six months during which period the public entity or lawful appoint authority shall commence and conclude the recruitment process for a substantive holder of the petition,” clause 21 of the Bill states.
“Nothing in this section shall prevent a public service entity or a lawful appointing authority from deploying another public officer to act or perform duties for a period exceeding six months during the temporary absence of the substantive holder of a public office.”
However, the Bill stipulates that the deployment shall not undermine the expeditious appointment or deployment of a competent person to the public office concerned.
