MP Benjamin Mwangi proposes law targeting public officials in acting capacity

Senior public servants serving in acting capacities for long periods could lose their allowances should a bill tabled in parliament sail through.

The Public Service Commission (Amendment) Bill 2023 tabled by Embakasi Central Member of Parliament Benjamin Mwangi aims to address concerns related to public officers serving in acting roles for prolonged durations.

However, after receiving feedback from various State agencies, including the Public Service Commission (PSC), the committee recommended adjustments to the original proposal.

According to the PSC, there are situations where officers are legally permitted to be absent for more than six months.

This includes officers on secondment or the granting of leave to the spouse of a foreign service officer posted abroad during their tour of duty.

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As a result, the committee recognised that limiting acting appointments to six months could lead to unfair labour practices.

Consequently, the committee suggested a revised period of 12 months for officers working in acting capacities, after which the position should be declared vacant for competitive recruitment.

Additionally, it proposed that officers serving in acting roles beyond the 12-month limit should not be entitled to acting allowances.

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The issue of workers serving beyond the stipulated retirement age also drew the committee's attention.

To address this, the committee recommended that the PSC should document reasons for retaining such workers and consult with the relevant agencies before making retention decisions.

Public Service Commission (PSC). Pulse Live Kenya

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Furthermore, when individuals possess unique and scarce knowledge, skills, and competencies, the commission should document these qualities.

“Where they possess rare knowledge, skills and competencies, the commission shall determine and document them, which include knowledge, skills and competencies that are scarce, unique and not readily available in the job market,” the commission recommended.

If these recommendations are adopted by MPs, public officers working in acting capacities for over a year will no longer receive allowances, and the PSC will be required to provide solid evidence justifying the retention of individuals beyond retirement age in public service.