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| ROLE OF THE PUBLIC SERVICE COMMISSION IN THE RECRUITMENT OF TOP MANAGEMENT IN PUBLIC UNIVERSITIES.pdf | Download |
The Public Service Commission is a member of the Association of African Public Services Commissions (AAPSCOMS). The Association was established on 9th April 2008 in Kampala, Uganda. The purpose of the Association is to collaborate, share experiences and best practices among Public Service Commissions in Africa in order to promote good governance and improve service delivery in the public services of the continent.
University of New Castle, Sydney, Australia: The PSC and the University of New Castle, Sydney in Australia entered into an MoU in 2019 for mutual benefits to be gained through a cooperative program promoting capacity building in governance, leadership, policy and research. The MoU is aimed at establishing collaboration in the following areas: applied research; capacity building of PSC staff in policy formulation and implementation; devolution in public service; leadership development; and exchange programmes and other related programmes.
The African Capacity Building Foundation (ACBF) is implementing the Enhancing Leadership and Governance in Public Financial Management (ELG-PFM) in Africa which targets Kenya among four other countries. The programme seeks to foster policy reforms by developing and enhancing the leadership skills and practices of senior African public finance system officials. The PSC is one of the government agencies that will participate in the implementation of the programme.
Working with the Emerging Leaders Foundation (Africa), Emerging Public Leaders – Global and Chandler Institute of Governance (Singapore) to run the Public Service Emerging Leaders Fellowship Programme from 2022.
The United Nations Office on Drugs and Crime (UNODC) has listed the Commission as a competent authority in the implementation of the United Nations Convention against Corruption (UNCAC). The Commission participates in capacity building and country reviews for State Party Member States.
The Commission has signed an MoU with the African Leadership Academy that will see the rollout implementation of the Public Service Leadership Development Programme.
The Commonwealth Secretariat: With the support of the Commonwealth Fund for Technical Cooperation (CFTC), the PSC benefited from a Leadership Development Training Programme for the Commission Board.
Through the support of the World Bank, the Kenya Government through the State Department for Devolution, is implementing the Kenya Devolution Support Programme II, the successor to Kenya Devolution Support Programme. At the national level, the PSC is among the state beneficiaries of this programme. The programme will from 2024 to 2028 effective March 2024. The program development objective is to strengthen county performance in financing, management, coordination and accountability for resources.
Through the support of the World Bank, the Kenya Government through the State Department for Housing & Urban Development, is implementing the Kenya Urban Support Programme II (2022-2027), the successor to the Kenya Urban Support Programme. At the national level, the PSC is among the beneficiaries of this programme. The programme’s core components include urban space and planning, urban economies and urban livelihoods including the private sector and competitiveness, urban infrastructure and service delivery, building climate resilience.
Working with ABSA Bank Kenya to provide financial contribution and Personal Financial Management training during the induction programme for interns under the Public Service Internship Programme.
The Public Service Emerging Leadership Fellowship (PSELF) is an international programme that seeks to re-engage Kenya’s youth in public service and administration by driving ethical young talent into public service, to improve government delivery, citizen outcomes and influence long-term social policy and change. The programme is jointly run by three partners: the Public Service Commission of Kenya, Emerging Public Leaders, and Kenya’s Emerging Leaders Foundation-Africa, with Chandler Institute of Governance as the curriculum developers. It is a premier leadership development programme that aims at creating a new generation of well-trained and ethical leaders in Kenya’s public service.
The functions and powers of the Commission are set out in Article 234 of the Constitution and the enabling legislation as follows:
1. Subject to the Constitution and legislation:
(i) Establish and abolish offices in the public service; and
(ii) Appoint persons to hold or act in those offices, and to confirm appointments;
2. Exercise disciplinary control over and remove persons holding or acting in those offices;
3. Promote the values and principles referred to in Articles 10 and 232 throughout the public service;
4. Investigate, monitor and evaluate the organization, administration and personnel practices of the public service;
5. Ensure that the public service is efficient and effective;
6. Develop human resource in the public service;
7. Review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in    the public service;
8. Evaluate and report to the President and Parliament on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the public service;
9. Hear and determine appeals in respect of county governments’ public service;
10. Nominate persons to the Judicial Service Commission and Salaries Remuneration Commission under Articles 171(2) and 230(2){b} respectively;
11. Recommend persons to be appointed as Principal Secretaries under Article 155 (3) (a);
12. Receive and process petitions for the removal of the Director of Public Prosecutions and recommend the appointment of a tribunal to investigate the complaints under Article 158(2) (3) and (4);
13. Receive petitions for the removal of the Registrar and Assistant Registrars of political parties in accordance with Section 37 of the Political Parties Act;
14. Protect public officers against victimization and discrimination while discharging their duties in accordance with Article 236 of the Constitution;
15. Recruit and select Vice Chancellors, Deputy Vice Chancellors of Public Universities and Principals and Deputy Principals of Constituent Colleges, under the Universities Act, 2012 (No. 42 of 2012) section 35(1) (a)(v) as amended in the Statute Law (Miscellaneous Amendments) Act 2018; and
16. Perform any other functions and exercise any other powers conferred by national legislation.
Under the Independence Constitution there were Regional PSCs but these were abolished in 1964 following constitutional amendment. PSC is the oldest Constitutional Commission, whose mandate has expanded over the years.
The Commission then constituted of a Chairman, a Deputy Chairman and fifteen members all appointed by the President. It handled matters of human resource management in the public service, especially the civil service and local authorities. The Constitution of Kenya, 2010 promulgated on 27th August 2010 reconstituted the Commission with a redefined and expanded mandate and a lean membership of Chairperson, Vice Chairperson and seven members.
The Directorate is responsible to the Commission Secretary/CEO for ensuring a strategic and integrated approach to performance management to improve public service delivery and outcomes desired by the citizens; ensuring alignment of tools and coordination of performance improvement plans and activities in the public service; defining strategic public service performance priorities; ensuring alignment and accountability; institutionalizing a performance culture in the public; and making performance improvement sustainable.
The Directorate is responsible to Commission Secretary/CEO for offering management consultancy services to ministries, departments and other public-sector institutions; provision of guidelines on establishment and abolition of offices and organizational structures; development of organizational structures in line with functions; provision of advisory on establishment& staff complement to ensure optimal staffing levels for effective service delivery; provision of advisory to public service institutions on Public Service management matters; review of schemes of service and other career progression guidelines; and review, publish and issue a report to the National Government on qualifications relating to all public offices established by the Commission or under the authority of the Commission.
The Directorate is responsible to Commission Secretary/CEO for promotion of the values and principles in Articles 10 and 232 of the Constitution in the public service; promotion of good governance, ethics and integrity in the public service in accordance with Public Officer Ethics Act (POEA) and Leadership and Integrity Act; evaluating and preparing report to the President and Parliament on public service compliance with values and principles provided under Articles 10 and 232 of the Constitution of Kenya; investigating, monitoring and evaluating the organization, administration and personnel practices of the public service; auditing of MDAs to establish whether they are complying with the laid down legislations, service regulations, policies and guidelines in discharge of delegated authority; and evaluating and reporting Quarterly to the Board on efficiency and effectiveness of the discharge of the delegated HR functions in Ministries.
The Directorate is responsible to Commission Secretary/CEO for formulation, interpretation and monitoring of human resource management and development policies, rules, regulations, and procedures in the Public Service; development of Human resources in the Public Service; development and implementation of Performance Management Systems in the Public Service; development and review of human resource planning guidelines and succession management strategy for the public service; review and making recommendations on terms and conditions of service for public service; development of discipline and appeals policies and exercising disciplinary control; establishment of systems for hearing and determining appeals from county governments; embrace best practices in human resource management and development; and Promote employee wellness and welfare services.
The Directorate is responsible to the Commission Secretary/CEO for reviewing and establishing recruitment policy and procedures in compliance with the relevant statutes; designing strategy on recruitment, appointment and assessment for the service; planning, directing and coordinating recruitment and selection annual master plan in liaison with Ministries/Departments; processing applications, compiling data and undertaking pre-selection; preparation of recruitment and selection annual master plan in liaison with Ministries/Departments; advising the Commission on best practices on recruitment and selection; developing recruitment and selection standards and assessment tools to be used in the public service; and partnering with professional bodies, institutions of learning and other stakeholders on matters relevant to the recruitment and assessment in the public service.
The Directorate is responsible to Commission Secretary/CEO for providing strategic leadership in the development of the Commission’s mandate implementation strategy; ensuring that the strategy is aligned to the constitution, the relevant policies and national development agenda; ensuring that the strategy is cascaded for implementation by the various directorates through work plans and performance contract; monitoring, evaluation and reporting on the strategy implementation; linking the Commission’s strategy with the Government Budget Policy Framework for funding; offering technical and professional leadership in financial management; coordinating the development and implementation of work plans, procurement, and cash flow plans; undertaking periodic budget performance reviews and report; reviewing, evaluating and recommending improvements to the Commission’s internal financial control systems and procedures; aligning the Commission’s ICT policies and strategies to the Commission’s vision and mission; management of the ICT function at the Commission; aligning the ICT function to the e-government initiatives; coordination of the Commission’s supplies, inventory and stores services; and offering technical opinion to the Accounting Officer on procurement of goods, works and services.
The office is responsible to the Commission Secretary/CEO for handling civil, criminal and industrial cases initiated by the Commission or brought against the Commission; researching and drafting opinions on legal matters in response to requests of the Commission, the Secretary/CEO, Directors, and staff of the Commission; researching relevant laws and preparing measures to implement policy decisions of the Commission; drafting and/or reviewing contracts and other legal documents to which the Commission is party; advising the Commission on compliance with all laws, regulations and laid down procedures; continuously updating the Commission on any changes in the law; and providing day-to-day legal advice to the Commission, the Secretary/CEO, Directors, and staff of the Commission.
The office is responsible to the Commission Secretary/CEO for scrutinizing and analyzing of cases from Ministries, Departments, State Agencies and General public to ensure compliance to regulations and other guidelines before tabling to the Board; preparation of agenda for the Commission’s Board meetings; processing of briefs/notes/board papers; offering technical advisory on HR matters to the Board; preparation of minutes of the Commission’s Board Meetings; preparation of decision letters and reports; and research, policy analysis and development of strategic partnerships
The Committee derives its functions from Articles 254(3), 232(1)(f) and 35(3) of the Constitution; Access to Information Act, 2016; Public Service Commission Strategic Plan 2019-2024; and the Public Service Commission Communication and Branding Strategic 2020-2024.
The Committee derives its functions from Article 234 (2) (e) of the Constitution and Part X of the PSC Act, 2017 which mandates the Public Service Commission to ensure that the public service is efficient and effective.
The Committee derives its functions from Article 234(2) (f) of the Constitution; namely, develop human resources in the public service.
The Committee derives its functions from Article 253 of the Constitution and Section 16 and Parts III of the Public Service Commission Act, 2017.
The Committee derives its functions from Section 73(5) of the Public Finance Management Act,2012 that require every National Government public entity to establish an audit committee whose composition and functions shall be as prescribed by the regulations.
The Committee derives its functions from Article 234(2) (a)(i) & (ii), 132(4) (a) and 155(3) (a), of the Constitution and Parts IV & VI of the PSC Act, 2017 namely:
(i) Establish and abolish offices in the public service;
(ii) Appoint persons to hold or act in those offices, and to confirm appointments;
(iii) Recommend persons for appointment as Principal Secretaries by the President.
The Committee derives its functions from Article 234(2) (i) and the Fourth Schedule of the Constitution and part XV of the PSC Act, 2017 namely:
(i) Hear and determine appeals in respect of County Government Public Service; and
(ii) Provision of technical support and capacity building for County Public Service
The Committee derives its functions from Article 234 (2) (a) (d), (e), (f) and (g) and 232(1) of the Constitution and Parts VI, VII, VIII, XII and XIII of the PSC Act, 2017 namely:
(i) Disciplinary Control in the Public Service;
(ii) Ensure that the Public Service is effective and efficient;
(iii) Review and make recommendations to the National Government in respect of conditions of
service, code of conduct and qualifications of Officers in the Public Service;
(iv) Personnel practices of the Public Service.
The Committee derives its functions from Articles 234(2) (c), (d) and (h) of the Constitution and; PARTS IX and XI of the PSC Act, 2017; namely
i) Promote the values and principles referred to in Articles 10 and 232 throughout the public
service
(ii) Investigating, Monitoring and Evaluating the Organization, Administration and Personnel
Practices of the public service
(iii) Evaluating and reporting to the President and Parliament on the extent to which the values
and principles referred to in Articles 10 and 232 are complied with in the Public Service
(iv) Administration of Public Officer Ethics Act 200
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