The Public Service (Values and Principles) (Amendment) Bill, 2022
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
New Demographic Disclosures Required
Amends Section 16(3) of the Act by introducing a new paragraph (da), requiring all service Commissions to report on the demographic structure of their human resource establishment. Reports must detail:
- Total number of employees
- Gender and age
- County of birth and county of residence
- Ethnicity
- Disability status (whether they are persons living with disabilities)
Disciplinary Penalties for Non-Reporting
Inserts a new subsection (4) to Section 16, establishing that an authorised officer who fails to prepare the required annual status report on public service values and principles may be subjected to disciplinary action under standard administrative procedures.
Enhanced Legislative Oversight
Requires state organs in the national and county governments, constitutional Commissions, independent offices, and County Public Service Boards to submit these detailed audits. This mechanism is designed to let Parliament and County Assemblies analyze and query non-compliant state organs to ensure compliance with Article 232 of the Constitution regarding equity and diversity.
Bill No.
No. 46 of 2022
Gazette No.
Supplement No. 171
Sponsor
Abdul Rahim Dawood
Background
The Public Service (Values and Principles) (Amendment) Bill, 2022, sponsored by Hon. Abdul Rahim Dawood, MP, seeks to operationalize the values and principles of public service under Article 232 of the Constitution. Specifically, the Bill targets representation and equal opportunities, ensuring that public service establishments reflect Kenya's diverse communities, ethnic groups, and persons living with disabilities (PWDs).
Key Amendments
Amendment of Section 16 of No. 1A of 2015
The Bill introduces new compliance requirements under Section 16 of the Public Service (Values and Principles) Act, 2015:
- Reporting Composition (Section 16(3)(da)): Introduces a mandatory requirement for each service Commission to compile and submit precise demographic audits within their annual reports.
- Officer Accountability (Section 16(4)): Imposes personal administrative accountability on the designated authorised officers responsible for preparing these status reports.
New Obligations
- Comprehensive HR Reporting: Authorized officers and service Commissions must audit and detail the total number of employees, categorized strictly by gender, age, county of birth, county of residence, ethnicity, and whether they are persons living with disabilities.
- Annual Submission: These reports must continue to be submitted to the President and Parliament, or the Governor and county assemblies where relevant, by 31st December of each year.
Penalties
- Disciplinary Action: Any authorised officer who fails to prepare and submit the mandatory annual status report under subsection (1) faces disciplinary action in accordance with laid-out public service administrative and disciplinary procedures.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.