An ally of former Deputy President Rigathi Gachagua has proposed a law, which, if enacted, could reverse reforms President William Ruto recently initiated in the management of the public service.
The bill by Runyenjes MP Eric Karemba portends a fresh clash between the State House and the Public Service Commission with its proposals to streamline the management of the public service.
The Public Service Human Resource Management Bill, 2024, seeks to assign the responsibility of management of human resources in the public service to various agencies.
In the proposal, Karemba has sought to place the Office of the Attorney General, the Office of the Director of Public Prosecution, public universities, statutory commissions and state corporations under the Public Service Commission.
This is while providing that the President would be responsible for managing Cabinet Secretaries, principal secretaries, high commissioners, the AG (person) and envoys.
Recently, President William Ruto signed a law, which handed the AG’s office powers, which were argued, were under the preserve of the PSC.
The Statutes Law (Miscellaneous Amendment), Bill 2023, gave the AG powers to employ workforce including the solicitor general and subordinate staff.
MPs approved the changes, which among them created an advisory board chaired by the AG to replace the PSC in the role of hiring staff at AG’s office.
On state corporations, State House has gazetted new guidelines, which give it direct control of parastatals as well as the terms for chairpersons and members of their boards.
The guidelines give the President’s office powers for concurrence on key appointments at the entities, including chief executive officers.
It is the first time the presidency’s involvement in the usually lucrative appointments was laid bare. The guidelines provide that the boards of the respective entities would select the top three candidates for the CS’s pick after concurring with the Office of the President.
PSC protested the guidelines, saying they are silent on the law establishing the state’s top human resource agent, the attendant regulations, functions and powers. It added that it was the only organisation mandated by law to appoint, remove, transfer and second staff at state corporations and other public agencies.
In the new Bill, Karemba seeks to provide that the chairperson or member of the university council or board of state corporation shall be appointed in a process undertaken by the PSC.
The government has also been striving to kick PSC out of the appointments of chancellors of public universities.
National Assembly Committee on Education recently approved the changes sponsored by Kilifi North MP Owen Baya, who is also deputy Majority leader, giving the President direct say on chancellor picks.
If enacted, university senates would be required to nominate three persons for the President to appoint one, factoring gender balance and other requirements. But with the new law, the functions of human resource in the areas State House is eyeing would be reverted to be a preserve of the PSC.
“A public body shall not implement a reorganisation or review of its establishment without the approval of the relevant public service entity,” the Bill reads.
A public service entity, according to the proposed law, includes the Parliamentary Service Commission, Public Service Commission, Judicial Service Commission and National Police Service Commission.
Others are the Teachers Service Commission, County Public Service Board, County Assembly Service Board and Constitutional Commission and Independent Office.
Karemba, when contacted to clarify the mischief the Bill seeks to cure,
said, “I can confirm that I signed the
Bill, led the committee in coming up
with the bill.”
