New jobs, medical scheme rules for public service

Reducing employment of dominant communities, allocation of population quota and priority to national service volunteers during recruitment are proposed to reform a skewed public service workforce. 

The Building Bridges Initiative (BBI) report also recommends the cancellation of all existing medical cover for public servants and the renewal to ensure the National Hospital Insurance Fund (NHIF) provides 100 per cent cover for the most senior officers to the lowest cadre employees seeking services in hospitals.

It proposes the NHIF is enhanced so it becomes the sole medical cover in the country and recommends a new law-  Patients’ Bill of Rights- to tackle corruption in billing, forceful detention of patients, consequences for misdiagnosis, emergency cases as well as polite service.

However, it’s the proposals to address the imbalance in civil service workforce and push for a clear formula for recruitment of public service that stand out in the report handed to President Uhuru Kenyatta and ODM leader Raila Odinga.

On the back of a State report this year that indicated Kikuyu, Kalenjin, Kisii, Luo and Kamba constitute half of the public service workforce, the BBI report recommends the scaling down of employment among communities that are already overrepresented.

It calls for the establishment of population quotas for employment in the public sector and instituting measures to strictly enforce them.

Ethnic inclusion

To further discourage ethnic bias in appointments, BBI proposes that all employing agencies should be required to link their database on recruitment to the National Cohesion and Integration Commission (NCIC).

The report proposes the creation of an agency that is solely responsible for the monitoring and reporting of ethnic composition and representation in public sector employment.

And to further ensure scrutiny, the Public Service Commission (PSC) will be required to publicize its annual report on diversity in the public service with a hard copy of the document deposited in every Ward.

These measures are designed to ensure that all existing laws and administrative structures that support ethnic inclusion are implemented.

The BBI recommends that all Kenyans should voluntarily give six months between ages 18 and 26 to national service, which will be a requirement for employment.

It proposes that those who volunteer have an added advantage in recruitment to public service and private sector.

“Priority in public and private employment to be given to those who undertook and completed such programmes,” the report states.

To show proof of this, the National Volunteer Network (NVN), which will run the programme, will issue certificates that will be recognized by prospective employers.

The report proposes the inclusion of the NVN volunteer certification to the list of requirements in the fulfilment of the requirements of Chapter 6 of the Constitution in relation to job applications.

Also, the certification will be necessary to do business with the State as Access to Government Procurement Opportunities (AGPO) will require volunteer certification for youth-led organisations applying for tenders as part of fulfilling the requirements.

The report recommends the PSC, Constitutional commissions, independent institutions and all the arms of Government, National Government departments, agencies and County Government executives, departments and agencies to ensure total compliance with all administrative structures that support ethnic inclusion and respect for ethnic diversity.

State appointments

The president will also be compelled to observe the diversity in State Corporation appointments as the report recommends that chief executive officers of state agencies should reflect the face of Kenya.

The report encourages deliberate effort by public recruiting agencies to hire qualified staff from communities that are underrepresented.

The office of the President, County Governors’ offices, Ministries and Departments in the National Government and Counties, PSC, County Public Service Boards are also directed to ensure that the public service reflects the face of Kenya.

To enforce compliance, the report recommends establishment of a mechanisms and sanctions “to bring to account those who do not implement relevant laws and guidelines through legislation.”

Commissions, parastatals and County Service Boards are asked to develop policies in consultation with PSC to guide County recruitment that includes affirmative action for minorities who may not have professionals required for various jobs in the County service.

Where there is no candidate, required to attain the face of Kenya, with the right qualifications, the report states PSC and County Governments should be empowered to undertake professional search and development for minority candidates to increase their chances of qualifying for the positions.

The report directs implementation of two-third gender rule at all levels to incorporate more women in decision making.

This should be implemented by the Office of the President, Governors, National and County Ministries and Departments, Public Service Commission, Judicial Service Commission, Parliamentary Service Commission, Kenya Employment Authority, all Government recruiting agencies, ORPP and IEBC.

The report directs provision of sanctions for failure to comply.

It also recommends that all contracts for senior appointees should have clear and practical performance benchmarks with rules for layoffs for those who fail to perform.

Specifically, the report directs that senior officers’ contracts be reviewed biannually to allow sacking non performers. The report notes these two recommendations are self-executing.

To limit arbitrary, nepotistic or crony recruitment of human resource that ignores merit and inclusivity especially in the counties, the report proposes that the independence of the PSC should be replicated at the county level.

It wants County public service boards empowered by ensuring they are operationally and financially autonomous.

County jobs

The report proposed the limiting of the number of people employed in the county government by providing a set, nationwide ratio, as a ceiling, between county population and number of employees.

It also recommends the rationalisation of jobs within the county governments, particularly where there is overstaffing or duplication.

To ensure government improves public facilities such as schools and hospitals the report wants senior public officials compelled to seek services in such.

The ministerial code should include ministers making use of public services, such as public schools, public health centres, it states.

It recommends the president issues an Executive Order to develop a ministerial code that requires ministers to make use of public institutions.

The report adds that these principles should be reflected in the counties with the county executives.

It wants development of a code similar to the ministerial code, tailor-made for county executives including governors.

The BBI report identifies these as administrative measures that should be implemented immediately.

It defines an administrative action is any decision, official pronouncement and procedure or notice of intent to issue or adopt any decision, official pronouncement or procedure in public service.