The Public Service Commission (PSC) is responsible for managing the public service in Kenya. It was reconstituted under the 2010 Constitution with an expanded mandate.
📌 “Public Service” refers to all individuals performing a function within a state organ, except State officers.
📌 Establishment & Membership
🔹 Established under Article 233 of the Constitution.
🔹 Membership includes:
✅ Chairperson
✅ Vice-Chairperson
✅ Seven other members, appointed by the President with approval from the National Assembly.
🔹 The Secretary to the Commission is the chief executive and serves a five-year renewable term.
📌 Disqualification Criteria for PSC Members:
❌ Anyone who has been a Member of Parliament or County Assembly in the last five years.
❌ Anyone who held a leadership position in a political party.
❌ Current State officers.
📌 Functions of the Public Service Commission
(As per Article 234 of the Constitution)
1️⃣ Recruitment & Staffing
✅ Establish and abolish offices in the public service.
✅ Appoint and confirm individuals to hold public service positions.
✅ Exercise disciplinary control, including removal from office.
2️⃣ Efficiency & Oversight
✅ Monitor and evaluate the organization & administration of the public service.
✅ Ensure the public service is efficient and effective.
✅ Investigate public service practices to enhance performance.
3️⃣ Promotion of Values & Principles
✅ Uphold Articles 10 & 232 of the Constitution (National Values & Principles of Governance).
✅ Develop human resources within the public service.
✅ Advise the government on conditions of service, code of conduct, and qualifications.
4️⃣ Reporting & Compliance
✅ Evaluate and report to the President & Parliament on public service compliance with constitutional values.
✅ Hear and determine appeals regarding county governments’ public service matters.
📌 Exemptions:
The PSC does not manage:
❌ State officers (President, MPs, Governors, etc.).
❌ Diplomatic officers (Ambassadors, High Commissioners).
❌ Offices under:
- Parliamentary Service Commission
- Judicial Service Commission
- Teachers Service Commission
- National Police Service Commission
- County Governments
📌 Powers of the Public Service Commission
🔹 Under the Public Service Commission Act, the PSC has the power to:
✅ Summon witnesses and demand statements under oath.
✅ Obtain reports, documents, and records from public bodies.
✅ Interview individuals or groups.
✅ Conduct audits to check compliance with Articles 10 & 232 of the Constitution.
✅ Compel attendance of individuals who ignore PSC requests.
✅ Acquire, hold, and dispose of property.
✅ Request special reports from public institutions regarding compliance with constitutional values.
📌 Summary of PSC Functions & Powers
| Function | Key Role |
|---|---|
| Recruitment & Staffing | Appoints, disciplines, and removes public service employees. |
| Efficiency & Oversight | Ensures public service effectiveness & evaluates performance. |
| Promotion of Values | Upholds constitutional values & professional ethics. |
| Reporting & Compliance | Reports to the President & Parliament on public service standards. |
| Legal Powers | Summons witnesses, audits institutions, and compels compliance. |
📌 Conclusion
The Public Service Commission is critical in recruiting, managing, and disciplining public servants in Kenya. It ensures efficiency, accountability, and compliance with constitutional values.
