Public Service (Values and Principles)(Amendment) Bill, 2022

SPECIALISSUE

Kenya Gazette Supplement No. 171 (National Assembly Bills No. 46)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2022

NAIROBI,28th 0ctober,2022

CONTENT

| Bill for Introduction into the National Assembly - | Bill for Introduction into the National Assembly - | |-------------------------------------------------------------------|------------------------------------------------------| | | PAGE | | The Public Service (Values and Principles) (Amendment) Bill, 2022 | 1181 |

THEPUBLICSERVICE VALUESAND PRINCIPLES)(AMENDMENT)BILL,2022

A Bin for

• AN ACT of Parliament to amend the Public Service (Values and Principles) Act and to provide for connected purposes.

ENACTED by Parliament of the Republic of Kenya

as follows-

• 1.- This Act may be cited as the Public Service Short title. (Values and Principles) (Amendment) Act, 2022.
• 2.The Public Service (Values and Principles) Act is amended in section 16-
• (a) in sub-clause (3), by inserting the following paragraph immediately after paragraph (d)--

"(da) details on the human resource establishment within the Service Commission outlining the total number of employees and highlighting their gender, age, county of birth, county of residence, ethnicity and whether they are persons living with disabilities."

• (b) by inserting the following new subsection
• immediately after subsection (3)-

(4) An authorised officer who fails to prepare a report under subsection (l) may be subjected to disciplinary action in accordance with the laid out procedures.

Amendment of section 16of No.1Aof2015

MEMORANDUM OFOBJECTSANDREASONS

Statement of the Objects and Reasons for the Bill

The purpose of this Bill is to amend the Public Service (Services and Principles) Act to require all state organs in the national and county governments and state corporations to submit annual reports on details of the human resource in constitutional Commissions, independent offices and County Public Service Boards and County Assembly Service Board. The reports should contain details outlining the total number of employees and highlighting their gender, age, county of birth and county of residence.

This will facilitate the public service values and principles that require the public service to reflect Kenya's diverse communities and afford adequate and equal opportunities for appointment of women and men, members of all ethnic groups and persons with disabilities pursuant to Article 232 of the Constitution. By receiving annual reports, legislatures

to analyze and query non-compliant state organs.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

This Bill does not delegate legislative powers nor does it limit

fundamental rights and freedoms.

Indication on whether the Bill concerns county governments

The Bill concerns county governments in terms of Articles 110(1) (c)

of the Constitution in that it contains provisions that affect the functions of the county governments as it requires all county assembly service boards and county public service boards to submit reports outlining details of human resource in their respective services.

Statement as to whether the Bill is a money Bill within the meaning of

Article 114of the Constitution

The enactment of this Bill shall not occasion additional expenditure of public funds.

Dated the 26th October, 2022.

ABDULRAHIMDAWOOD,

Member of Parliament.

Section 16 which it is proposed to be amended-

Reports

16. (1) Once in every year, each service Commission shall prepare a report on the status of the promotion of the values and principles of public service.

• (2) Each service Commission shall submit the report prepared under subsection (l) to the President and Parliament, and the Governor and county assembly, where relevant, by 31st December of each year.
• (3) The report under this section shall provide information on-

4. (a) the measures taken to promote the values and principles of public service; 5. (b) the progress achieved in the promotion of values and principles of public service; 6. (c) the challenges faced in the promotion of values and principles of public service; 7. (d) any recommendations for the progressive realisation of values and principles of public service; and 8. (e) any other matter that may be relevant to the realisation of the values and principles of public service.