The Public Service Commission (PSC) could soon report indirectly to President William Ruto if two proposed Bills, now before the National Assembly, are passed into law. These Bills, the National Government Coordination Bill, 2023, and the Public Service Human Resource Management Bill, 2024, could shift control of civil service recruitment and management to the executive branch, consolidating power at State House.
At the heart of the new proposals is a significant expansion of the authority of the Head of Public Service and Chief of Staff, Felix Koskei. If approved, these Bills would grant him sweeping control over hiring and human resource management across the public sector. This authority would extend beyond the traditional ministries, covering a wide range of government sectors, including teachers, county employees, parliamentary staff, judicial personnel, and workers in State corporations.
A key provision in the Public Service Human Resource Management Bill details the proposed changes. The Bill states: “The Cabinet Secretary, in consultation with the Public Service Commission, the County Public Service Boards, and the County Assembly Service Boards, shall develop regulations for the transfer of public service employees between the two levels of government and among county governments to promote efficiency, productivity, and cohesion.”
If enacted, these Bills would give the President indirect but broad control over civil servants and public service infrastructure across all 290 constituencies. The changes would affect independent institutions like the Teachers Service Commission (TSC) and the Kenya Human Rights Commission, which have traditionally operated without direct executive oversight.
National Government Coordination Bill
The National Government Coordination Bill, which has been quietly amended since it was initially introduced as the National Police Service (Amendment) Bill, has now expanded to encompass much more than policing.
Critics argue the Bill creates new national government structures that could run parallel to and potentially undermine county governments. The Bill has stirred concerns that the President’s role in managing the state will be redefined, tightening executive control over civil servants, governors, and independent bodies.
Currently, Chapter 13 of Kenya’s Constitution protects the independence of the PSC. The PSC, established under Article 233(1), is tasked with overseeing the recruitment, promotion, and discipline of public servants free from political interference. This independence is vital to ensuring fairness and impartiality in public service.
However, the proposed Bills would change this structure. Under the new law, while the President would still appoint the Head of Public Service based on the PSC’s recommendation, the position would remain subject to the President’s discretion. The Bill stipulates: “The Head of the Public Service shall perform such other functions as may be assigned by the President,” reinforcing the potential for executive influence over the role.
Another contentious element of the Bills is the proposal to formalize the Chief Administrative Secretary (CAS) positions, which courts had previously ruled unconstitutional.
Additionally, the Bills include a provision that would allow the national government to bypass Parliament and county governors in service delivery. The draft reads: “Where a county government has not decentralized its units… the national government may establish its own service delivery coordination units.” This provision has raised concerns that it could erode the autonomy of county governments, granting the national government more control over local services and infrastructure.
