Functions of the Public Service Commission in Kenya

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

📌 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.