In a bold and divisive step, the Kenyan government has introduced the Public Human Resources Management and Development Bill, a controversial piece of legislation aimed at shifting key powers from the Public Service Commission (PSC) to Felix Koskei, the Head of Public Service. The proposal has triggered a sharp and immediate backlash from the PSC, which denounces the bill as unconstitutional and a blatant assault on its independence. The commission contends that the legislation erodes its autonomy and authority, rights firmly entrenched in the Kenyan Constitution. Calling for the bill’s swift rejection, the PSC warns that it clashes with a host of existing laws and constitutional safeguards.
The bill’s intention to repeal the PSC Act would effectively dismantle the commission, shifting its responsibilities to the Head of Public Service, cabinet secretaries, and principal secretaries, a move the PSC warns would violate its constitutionally protected independence.
The commission has highlighted a slew of legal inconsistencies, claiming the bill conflicts with statutes such as the County Government Act, ethics and anti-corruption legislation, and others. It has further accused the government of attempting to resurrect powers previously rejected by Parliament, branding the proposal a step backwards for Kenya’s governance framework. Central to the PSC’s objections is the fear that the bill would grant the executive excessive control over public service matters, weakening the separation of powers between the branches of government.
The commission has also slammed the legislation for encroaching on the mandates of county public service boards, the judiciary, the legislature, and other constitutional commissions, raising the spectre of an over-centralised administration.
The bill’s provisions on internships, transfers, and secondments have drawn particular ire. The PSC maintains that these functions are its sole preserve and has rejected outright the idea of treating the national and county governments as a single service under centralised control.
Equally contentious is the proposal to devolve disciplinary authority to public officers, which the commission insists must remain exclusively within its domain. In a strongly worded summary, the PSC has condemned the Public Human Resources Management and Development Bill as a grave threat to its role, a breach of constitutional principles, and a disruption to the delicate balance of power across Kenya’s government branches. As the row escalates, the PSC stands resolute in its call for the bill’s rejection, setting the stage for a heated showdown in Nairobi’s corridors of power.
