𝗙𝗿𝗶𝗱𝗮𝘆, 𝗠𝗮𝗿𝗰𝗵 𝟭, 𝟮𝟬𝟮𝟰

The National Assembly on Wednesday, February 28, 2024 continued with debate on the Public Service Commission (Amendment) Bill by Hon. Benjamin Gathiru Mejjadonk (Embakasi Central).

The Bill seeks to amend the Public Service Commission Act, 2017; to prescribe a mandatory retirement age of 60 years, in a bid to increase the job vacancies available to Kenyans below the age of 60 years. Further, the Bill also intends to address the issue of officers acting in a position for more than six months.

While supporting the Bill, Hon. Duncan Mathenge (Nyeri town), emphasized the importance of the National Assembly to do a proper legal framework to guide the question of being in an acting capacity, giving examples of key parastatals like KEMSA and KEMRI that currently have acting CEO’s and the Ministry of Health’s Acting Director-General, Dr. Patrick Amoth, who has been acting for the last six years.

“The public service is suffering from lethargy and paralysis based on the fact that most of the senior positions in Government have been held in acting capacities by people who hold the requisite experience, skills and qualifications, but they are unable to make firm decisions at crucial moments because they are in acting capacities,” Hon. Mathenge said.

Hon. John Kaguchia (Mukurwe-ini) stressed the need for civil servants approaching the retirement age of 60, to mentor and guide younger people who can take over after their service, to get the experience that is important for them to continue running different terms of the government.

“I have seen people who have attained the retirement age getting extensions to continue serving and whereas we continue benefitting from their experience, it also denies us the opportunity of the energy, the vigour, the vision of younger people who are experienced to continue serving,” said Hon. Kaguchia.

Hon. Jane Kagiri (Laikipia County), commended Hon. Mejjadonk for the Bill, she said that nobody should be in acting capacity for more than six months, because they lack stability in their work and lowering morale in service, eventually affecting the growth of the institutions.

Hon. Omboko Milemba (Emuhaya) supported the proposed change of having the retirement age in an Act of Parliament rather than in regulation. According to Hon. Milemba this will ensure strict enforcement.

“When retirement age remains as a regulation, it is being manipulated by people in power on who they will give additional years to serve and who they’ll not. Secondly, the acting capacity has been misused as many public servants have been acting in their positions for more than three years, and it is denying them the value for the job they are doing,” said Hon. Milemba.

Further, Hon. Milemba noted that teachers are facing the same challenge of acting without requisite allowances or prospects for growth.

 “At the Teachers Service Commission (TSC), it is worse because more than half of the Deputies and Heads are actually in acting positions yet the Salaries and Remuneration Commission (SRC) removed the acting allowances for the positions. If teachers act for more than six months, then they should be confirmed on permanent terms. The pension remittances also need to be expedited once a worker retires,” he said.  

In his reply, Hon. Mejjadonk (Embakasi Central), thanked all those who supported the Bill and pointed out areas that need further deliberations during the committee stage. He also noted that this Bill is moving the retirement age from being part of regulation to being part of an Act of Parliament, and with the enforcement, it will firm up the process of implementation across the public service.

He however disagreed with the recommendation by the Committee on Labour that the period of acting be increased from six months to 12 months. He argued that that this negates the demand for good corporate governance and that institutions should prepare themselves early enough for the transition.