NAIROBI, Kenya – Kenya’s Public Service Commission (PSC) may soon report indirectly to the President if two proposed bills, the National Government Co-ordination Bill, 2023, and the Public Service Human Resource Management Bill, 2024, are passed by the National Assembly.
These bills aim to centralize control over civil service recruitment and management, sparking concerns about the erosion of the PSC’s independence and the potential undermining of devolution.
The bills propose expanding the powers of the Head of Public Service and Chief of Staff, Felix Koskei, who would oversee hiring across the public sector, including teachers, county employees, judicial staff, and state corporation officials.
This move would effectively give the presidency indirect control over public servants and service delivery across the country, including within institutions previously considered independent, such as the Teachers Service Commission (TSC) and the Kenya Human Rights Commission.
The proposed legislation has raised alarms about the merit-based recruitment system currently enshrined in Kenya’s Constitution, which guarantees the independence of the PSC.
Critics argue that the bills, if enacted, would subject civil servants to political influence by placing decisions on appointments, promotions, and transfers under the purview of the Head of Public Service, who would serve “at the pleasure of the President.”
The National Government Co-ordination Bill has also undergone significant revisions since its original form, which was aimed at amending police service structures.
The current version goes further, proposing national government structures that critics argue would run parallel to county governments, undermining devolution.
The bill allows the national government to bypass local governments in service delivery, setting up “delivery units” without consulting Parliament or governors.
Governor Anyang’ Nyong’o of Kisumu expressed concern that the bills threaten not only devolution but also democratic governance, drawing comparisons to the pre-devolution era under President Daniel arap Moi’s Nyayo regime.
The proposed changes would place significant power in the hands of the President, raising questions about the future balance of power between the executive and independent institutions.
While government officials argue that the bills aim to streamline service delivery and improve coordination, critics view them as part of a broader strategy to consolidate power and reward political loyalty.
If passed, these bills could reshape the relationship between the presidency, public institutions, and county governments, potentially reducing the autonomy of key bodies like the PSC and TSC.
