NAIROBI, Kenya — A proposed law that would strip the Public Service Commission (PSC) of its core functions and hand them to the head of Public Service, Felix Koskei, has sparked a constitutional battle, with the commission warning that the move risks destabilizing Kenya’s public service and rolling back democratic safeguards.
The Public Human Resources Management and Development Bill, quietly approved by Cabinet earlier this month, seeks to dismantle the PSC’s authority over hiring, promotions, and disciplinary matters across the civil service—including teachers, judiciary staff, county employees, and parastatal workers.
If passed, the law would centralize power under the Ministry of Public Service, effectively reversing a key pillar of Kenya’s 2010 Constitution: the independence of oversight bodies.
In a scathing assessment, the PSC has declared the Bill unconstitutional, arguing that it violates Article 234, which guarantees the commission’s autonomy.
The proposed law, the PSC warns, revives the pre-2010 era when the Executive wielded unchecked control over public sector jobs—a system Kenyans rejected in devising the current Constitution.
The Bill, sponsored by former Public Service CS Justin Muturi, grants Koskei unprecedented influence, including final say over hiring for national and county governments, control of intern appointments (a role currently held by the PSC), and authority to transfer staff between national and devolved units—a blurring of boundaries the PSC says violates the separation of powers.
Critics see parallels to the shelved National Government Administration Laws (Amendment) Bill 2023, which sought similar powers for the Executive.
The PSC’s fight has drawn quiet support from other constitutional bodies, including the Judicial Service Commission (JSC) and Teachers Service Commission (TSC), which fear the law could set a precedent for eroding their mandates. County governments, too, are alarmed.
