The Public Service Human Resource Management Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Limits on Acting Appointments and Internships
The Bill introduces strict time limits on temporary public service roles to encourage competitive, transparent recruitment:
- Acting Roles: Under Clause 21, acting appointments are limited to a non-renewable period of between 30 days and six months.
- Internships: Under Clause 39, internships must be advertised and filled competitively, lasting for a non-renewable term of not more than one year.
- Vacant Offices: Any newly established office that remains vacant for 12 months stands automatically abolished under Clause 10.
Strict Restrictions on Volunteers and Secondments
The Bill regulates alternative staffing methods to prevent roles from being filled informally:
- Volunteer Restrictions: Clause 37 prohibits volunteers from serving as cashiers, revenue collectors, procurement officers, security officers, caretakers of public premises, or in any strategic public office.
- Volunteer Term: Volunteer service is capped at a non-renewable term of 12 months.
- Secondments: Public officers can only be seconded if they are on permanent and pensionable terms with at least three years of service, with the total secondment period capped at six years under Clause 31.
KSh 1 Million Fine for Providing Misleading Information
To enforce transparency and honesty in public service applications and operations, Clause 91 establishes major penalties:
- Any person who provides false or misleading information to a public service entity commits an offence and faces a fine of up to KSh 1,000,000, imprisonment for up to five years, or both.
- Individuals convicted under this provision are automatically disqualified from holding any public office for a period of five years.
Standardized Disciplinary Control Timelines
The Bill streamlines disciplinary actions to ensure fair administration:
- 12-Month Cap: Under Clause 55, disciplinary proceedings against a public officer must be concluded within 12 months, failing which any withheld salary and benefits must be restored.
- Compulsory Leave: Officers undergoing investigation may be placed on compulsory leave for up to 30 working days with full pay and benefits, as outlined in Clause 57.
Bill No.
No. 51 of 2024
Gazette No.
Supplement No. 206
Sponsor
Karemba Eric Muchangi
Background
The Public Service Human Resource Management Bill, 2024, seeks to establish a unified and standardized framework for human resource management across all public service entities in Kenya. This framework aligns public service operations with the values and principles set out in Articles 10 and 232 of the Constitution. The Bill addresses a fragmented legislative landscape, declaring in Clause 4 that its provisions shall prevail in the case of any inconsistency with other human resource management laws.
Key Amendments
To ensure uniformity, the Bill amends or repeals several provisions across multiple existing Acts in its Schedule:
- State Corporations Act (Cap. 446): Amends Sections 5, 7, and 27 by deleting specific human resource clauses.
- Labour Relations Act, 2007 (No. 14 of 2007): Repeals Section 61.
- County Governments Act, 2012 (No. 17 of 2012): Amends Sections 44, 62, and 76, and repeals Sections 82 and 83.
- Public Finance Management Act, 2012 (No. 18 of 2012): Amends Section 14.
- Office of the Attorney General Act, 2012 (No. 49 of 2012): Repeals Sections 13, 21, 23, and 25.
- Public Service Commission Act, 2017 (No. 10 of 2017): Repeals Sections 70 and 71.
- Foreign Service Act, 2021 (No. 12 of 2021): Amends Sections 6, 11, 12, and 49, and repeals Sections 8, 13, and 19.
New Obligations
- Competitive Recruitment: All public service entities must establish offices based on workload analysis, ensuring vacant offices are filled competitively. If an office is established but not filled within 12 months, it stands abolished under Clause 10.
- Time-Bound Placements: Acting appointments are capped at six non-renewable months (Clause 21). Internships are capped at a non-renewable period of one year (Clause 39).
- Volunteer Restrictions: Clause 37 forbids the appointment of volunteers as revenue collectors, cashiers, procurement officers, security officers, caretakers of public premises, or holders of strategic public offices. Volunteer agreements are limited to 12 non-renewable months.
- Secondments: Secondments are capped at a maximum of six years, restricted to permanent and pensionable officers with at least three years of experience under Clause 31.
- Disciplinary Deadlines: All disciplinary proceedings must be concluded within 12 months from commencement (Clause 55).
Penalties
- False Information: Providing false or misleading information to a public service entity is an offence carrying a fine of up to KSh 1,000,000, imprisonment for up to five years, or both, plus a five-year disqualification from public office under Clause 91(4).
- Unauthorized Disclosure: Disclosing or publishing public service information in violation of standard regulations, Article 35 of the Constitution, or the Data Protection Act is punishable by a fine of up to KSh 100,000, imprisonment for up to two years, or both (Clause 91(2) & (3)).
Transitional Provisions
Under Clause 95, any human resource management processes, procedures, or proceedings pending before a public service entity prior to the commencement of this Act shall continue and be concluded as if they were instituted under this Act.
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