A proposed bill that seeks to overhaul the management of Kenya’s public service has set the stage for a potential clash between the State House and the Public Service Commission (PSC). The Public Service Human Resource Management Bill, 2024, introduced by Runyenjes Member of Parliament Eric Karemba, aims to streamline the management of human resources across various public entities, a move that could reverse some of the reforms recently initiated by President William Ruto’s administration. If passed, the bill will have significant implications for the way public service appointments are handled in Kenya, particularly regarding the role of the PSC and the President’s office.
At the heart of the bill is a proposal to shift the responsibility for managing public service human resources from the Public Service Commission (PSC) to several government agencies, statutory bodies, and commissions. Specifically, the bill proposes that the Office of the Attorney General, the Office of the Director of Public Prosecution, public universities, statutory commissions, and state corporations fall under the management of the PSC. This is in stark contrast to recent moves by the Ruto administration, which has sought to increase its control over the public service, particularly state corporations and appointments to high offices.
In its current form, the bill assigns the President the responsibility for managing Cabinet Secretaries, Principal Secretaries, high commissioners, ambassadors, and the Attorney General. The introduction of this bill follows a controversial change earlier this year when President Ruto signed into law the Statutes Law (Miscellaneous Amendment) Bill, 2023, which transferred powers related to staffing and human resource management at the AG’s office to the AG. This was perceived by some as an erosion of the PSC’s constitutional mandate to oversee such appointments and transfers.
The proposed changes also come on the heels of guidelines issued by State House, which give the Presidency direct control over state corporations. These guidelines empower the President’s office to vet and approve key appointments at public entities, including CEOs and board members, a move that has drawn strong objections from the PSC. The commission has argued that the guidelines violate the law, which gives it exclusive authority to appoint, remove, transfer, and second staff at state corporations and other public agencies.
One of the more contentious elements of Karemba’s bill is the proposal that the PSC will assume responsibility for appointing chairs and members of university councils and state corporations. This provision could significantly alter the existing framework of governance within public institutions. Currently, the President has influence over the appointment of such positions, but Karemba’s bill seeks to ensure that the PSC plays a pivotal role in these decisions, particularly for key posts in state corporations and public universities.
The bill also addresses the growing tension between the PSC and the government’s efforts to control university appointments. In recent months, MPs have introduced amendments that could reduce the PSC’s role in appointing chancellors to public universities, giving the President more authority in the selection process. The most recent proposal from Kilifi North MP Owen Baya, which was passed by the National Assembly Committee on Education, would require university senates to nominate three candidates for the position of chancellor, with the President having the final say on the appointment. If Karemba’s bill is enacted, however, such appointments would once again be managed by the PSC.
This ongoing struggle over public service appointments reflects the broader political dynamics at play within President Ruto’s administration. While Karemba’s bill seeks to shift responsibility back to the PSC, it is also seen as a response to the increasing centralization of power within the President’s office, especially regarding state corporations and universities.
In the face of these challenges, Karemba has emphasized that the bill is intended to address gaps in the current system and ensure that public service management remains effective and accountable. However, as the bill moves through Parliament, it is likely to spark intense debates and could provoke a significant legal and political showdown between the State House and the PSC.
Ultimately, the outcome of this proposed law could redefine the balance of power in Kenya’s public service and set the stage for further reforms or confrontations within the executive branch and its relationship with independent constitutional commissions.
