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MPs now want counties to stop employing retired public officers

Parliament Sitting

Members of the National Assembly during a past sitting. A proposal by a parliamentary committee seeks to limit the engagement of public officers on contracts beyond retirement.

Photo credit: File I Nation Media Group

What you need to know:

  • Proposal limits engagement of public officers on contract beyond retirement.
  • Bill seeks to bar counties from employing those who have exited public service on permanent and pensionable terms.

A parliamentary committee is considering locking out retired civil servants from being employed on permanent and pensionable terms in the counties order to give opportunities to millions of unemployed young people.

The National Assembly committee on Labour, while considering the Public Service Commission (Amendment) Bill 2023, said it will consider further amendment to the Bill to bar county governments from employing people who have exited the public service after attaining the mandatory retirement age of 60 .

Although the Bill sponsored by Embakasi Central MP Benjamin Gathiru seeks to amend the current Act by prescribing that no officer should serve in acting capacity beyond six months, the committee, in a meeting with the MP, pointed out there is need to create more opportunities for young people and the unemployed, and there was no need to recycle people who have already served in public service.

However, the committee said counties can engage retired civil servants as consultants but not on permanent and pensionable terms.

Kilifi North MP Ken Chonga who is a member of the committee said the proposed legislation should go beyond denying those serving in acting capacity for more than six months allowances to locking out retired civil servants from being re-engaged by counties.

“Amendment to this Bill should even cover the counties where people who have retired are being re-engaged. They need to give space to other people,” Mr Chonga said.

Committee member Mangale Munga (Lunga Lunga) supported the proposal but said retired civil servants with special skills should be allowed to offer consultancy services to counties.

Committee chairman Eric Muchangi (Runyenjes) said the committee will do justice to the proposed legislation.

The committee backed the proposal to deny allowances to civil servants who serve beyond six months in acting capacity allowances.

Bungoma Woman Representative Catherine Wambilianga said the proposal, if passed by MPs, will give young people an opportunity to grow their careers.

While supporting the proposal, Muhoroni MP James K’Oyoo said the executive has in the past abused the liberty to engage retired civil servants on contract basis and should be put to an end.

While defending his Bill before the committee, Mr Gathiru pointed out that employers often know when an officer is due for retirement and should have a succession plan before the officer retires.

“Once a person has been employed, the employer has all his details including the date he will retire. So if such officers possess special skills, they should start preparing another person to take over,” Mr Gathiru said.

The Bill states that a public officer will only be engaged on contract beyond retirement age if the individual possesses rare knowledge, skills and competencies.

Such a person may be appointed in acting capacity for a period of at least 30 days but not exceeding six months.