Towards Rationalization of the Powers and Functions of Kenya's Public Service Commission

Abstract

This project paper evaluates the powers of Kenya's Public Service Commission with a view of suggesting a redefined constitutional mandate of the Commission. It is considered that the Commission should undertake regulatory, advisory and appellate jurisdiction over government agencies or public bodies involved in discharging human resource functions in the public service. The redefined Commission powers and functions should be such that principles and values such as meritocracy, fairness, efficiency, effectiveness and competence are upheld across the public service in the discharge of human resource functions. The paper concludes that the current Commission powers and functions are such that they do not apply to a substantial part of the public service. There are also jurisdictional overlaps between the Commission and other players regarding core human resource functions with the consequence that the province of the Commission mandate is constitutionally blurred. In addition, the human resource powers and functions are unnecessarily over centralized in the Commission thereby making individual ministries, departments and local authorities less responsible for their human resource management. In view of that state of affairs, the efficacy of the Commission's human resource powers and functions in the public service is seriously compromised. The paper recommends that by vesting in the Commission regulatory, advisory and appellate powers and functions, near-universal standards of discharging human resource functions in the public service will be guaranteed while at the same time, enabling individual executives and managers in government departments, agencies and public bodies to enjoy a clear sense of mission, clear goals, right mindset, common values in decision making, flexibility, more participation, responsibility and accountability in managing their staff. IV