The Public Service Internship Bill, 2022

SPECIALISSUE

Kenya Gazette Supplement No.203(National Assembly Bills No.63)

REPUBLICOFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2022

NAIROBL,16th December,2022

CONTENT

Bill for Introduetion Into the National Assembly-

The PublicService Internship Bill,2022

PAGB

1593

1593

THEPUBLICSERVICEINTERNSHIPBILL,2022 ARRANGEMENTOFCLAUSES

Clause

PARTI-PRELIMINARY

• 1-Short title.
• 2-Interpretation.
• 3-Objectivesof the Act.
• 4-Guiding principles.
• 5-Application.

PARTII-RECRUITMENT OFINTERNS

• 6-Declarationofinternship opportunities.
• 7-Eligibility ofinternship
• 8-Roles and responsibilities ofpublic serviceinstitutions.
• 9Rolesand responsibilities of interns.
• 10-Payment of stipend.
• 11-Insurance.
• 12-Otherentitlements ofinterns.
• 13-Duration ofinternship.
• 14-Termination ofinternship

PARTIII-PROVISIONSONDELEGATED

• POWERS
• 15-Regulations.

THEPUBLICSERVICEINTERNSHIPBILL,2022

ABill for

AN ACT ofParliament to makeprovision for internship of college and university graduates in the public sector; to provide for hands-on training and acquisition of skills bygraduates; and for connectedpurposes

ENACTEDby theParliamentofKenya.asfollows-

PARTI-PRELIMINARY

• 1.This Act may be cited as the Public Service Internship Act,2022.
• 2.Inthis Act,unless the contextotherwise
• requires-

"Cabinet Secretary"means the Cabinet Secretary for the timebeingresponsible formattersrelating to labour;

"certificate"means a certificate,diploma or degree Kenya;

"County Executive Committee membermeans the County Executive Committee member in each county responsibleformattersrelatingtolabour:

"County Public Service Board"means the County Public Service Board established under section 57 of the CountyGovernmentsAct;

"intern"means an unemployed person with relevant qualifications who has entered into a contract with a governmentorganizationforaperiodofbetween threeand twelve months with the intent ofacquiring relevant work experience for registrationwith respective professional bodiesand toincrease chances ofemployability;

"internship"means a programme meant to provide unemployed graduates with opportunities for hands-on trainingfor skillsacquisition 1toe enhancefuture employabilityandfulfill the legalrequirement for professionalregistration;

""mentor"means a competent person who provides practical training and facilitates other forms oftraining to interns;

Short title.

Interpretation.

No.17of2012.

"monitoring and evaluationmeans the mechanisms put in place to ensure adherence to quality,standards,cost

effectiveness andrelevance ofaninternshipprogramme;

"public officehas the meaning assigned to it in Article260ofthe Constitution;

"public service"has the meaning assigned to it in Article260of the Constitution;

"public service institutionmeans any public office and includes both thenational and county governments;

"supervisormeans an employee under whom an internisplaced forpurposesofallocatingwork to them and overseeing their workperformance;and

"youth"has the meaningassigned to it in Article260

of the Constitution.

• 3.The objectives of thisAct shall be to-
• (a)preserve human dignity as set out under Article19 of the Constitution through the realization of the economicand socialrightsunder Article 43(1)of
• the Constitution;
• (b)enhanceyouth development and employability by creating clear linkages between education,training and work;
• (c)ensurea well-structured andcoordinated internshipprogramme;
• (d)provide guidelines and standards applicable to all
• interns within thepublic service;
• (e)ensure effectiveness pue efficiency in implementation and management of internship programmes;
• (f)provide guidelines for monitoring,evaluation and reporting forimprovementand sustainability of internship programmeswithin the public service;
• and
• (g)provide interns with the requisite experience in
• their fields of study.

Objectives of the Act.

• 4.Theprinciplesthatshallgoverninternship management in thepublic service shall be-
• (a)topromote sustainable development;
• (b)promotion of equity and fairness by ensuring inclusivity and accessibility of opportunities to internsfrom diversebackgrounds;
• (c)transparentrecruitment and selection procedures;
• (d)professionalism inensuringthatinternsare providedwith and acquire thepractical experience requiredfor theirprofessionalandcareer development;
• (e)efficiency of the internship programmes on the basis of cost-effectiveness;
• (f)relevance,fit to purpose and quality supervision through ensuring provision of appropriate and relevant work experience that is commensurate with the qualifications of an intern;and
• (g)adherencetogovernmentorpublic agency programmes and activities.

Application

• 5.(1)This Aet shall apply to every publicoffice established under the Constitution.
• (2)ThisAct shall apply to thefollowingcategories of
• persons eligible for internship-
• (a)unemployed graduateswith appropriate skillswho require practical hands-on experience to improve their chancesofemployment;
• (b)graduateswithprofessional qualifications who are required by their professional bodies to undertake internship asa pre-condition forregistration;or
• (c)any person who has successfully completed a course of training under the Technical and Vocational Education and Training Act.

PARTII-RECRUITMENTOFINTERNS

• 6.(l)Aperson in charge ofa public service institution shall identify and declare all internship opportunities available within thepublicserviceinstitution.

Guiding principles,

No.29of2013.

Declaration of internship opportunities.

• (2)A person in charge ofa public service institution shall advertise the internship opportunities referred toin subsection (l)inthewebsite ofthe public service institution and in at least two newspapers ofnationwide circulation.
• (3)The advertisement specified in subsection(2) shall contain allrelevant information pertaining to the internship, including-
• (a)the areas of specialization required;
• (b)total numberof internsrequired;
• (c)duration of the internship;and
• (d)deadline for submission of applications.
• (4)Aperson in charge of a public service institution shall conduct therecruitment ofintermsormay delegate the function of recruitment of interns to any of its members, officer,body or authority.
• 7.(1)A person shall be eligible to be an intern if the person-
• (a)has completed their certificate,diploma or degree qualification from an institution recognized in Kenya;or
• (b)hasnotbeen exposed to work experience related to the person's area of study.
• (2)Despite subsection (1),a person shall be eligible for internship where the internship is a requirement for registrationby the professionalbodyregulatingthe person'sprofession.
• (3)A person shall not beeligible for internship if the
• person-
• (a)hasretired from formal employment on attaining the retirementage;or
• (b)has been vacated formal employment through removal orbyresignation.
• 8.For purposes of effectiveness of an internship programme,everypublic service institution shall-
• (a) set up internship management committees;

Eligibility for

internship.

Roles and responsibilities of public service institutions.

• (b)plan andbudget forinternship programmes;
• (c)identify and declare all internship opportunities available whenever they arise;
• (d) conduct the recruitment of interns on the basis of
• merit;
• (e)conduct regularinductionprogrammesfor
• supervisors and mentors involved in internship programmes;
• (f)provide the necessary facilities to enable interns to
• acquire therequired skills andknowledge;
• (g)paytheprescribedstipendstointernsin accordance with this Act;
• (h)appoint supervisors and mentors for the interns;
• relevant work assignments;
• (j)monitor and evaluate the progress of internship
• programmes in their organizations;
• (k)report to the Cabinet Secretary,in the case ofa publicservice institutioninthenational government,or the County Executive Committee member,in the case of a public service institution in the county government,on a quarterly basis,on internshipprogrammesundertakenintheir organizations and any challenges experienced;and
• 1)issue certificates of internship to interns upon successful completion ofthe internship programme.
• 9.Every intern engaged in thepublic service shall-
• (a)abide by the rules and regulations of the public
• service institution;
• (b)demonstrate commitment and willingness to fully and activelyparticipate in the learningexperiences oftheinternship programme;
• (c)beready tobe deployed to any relevantoffice or work station within the public service institution where there may be an internship vacancy;

Roles and responsibilities of interns.

• (d)make effort to acquire relevant skills in the area of specialization;
• (e)complete assignments given by the mentor or supervisor;
• (f)provide regular feedback to the supervisor on the progress that the intern is making and any challenges thereto with regard to the internship programme;
• (g)observeconfidentiality ofinformation and security oftools or equipment that are placed in the possession of the intern in the course of the internshipprogramme;
• (h)ensure a proper hand over of all materials and equipment belongingtothepublicservice
• institution at the end of theinternship period;and
• (i)ensure clearance by therelevant authorities before
• leaving the internship station.
• 10.An intern engaged in the public service shall be eligibleforpaymentofsuchmonthlystipendastheCabinet
• Secretary shall prescribe in regulations.
• 11.(1) Every intern engaged in the public service shall beentitled to theprovision of apersonal accident insurance
• coverby therelevantpublicservice institution.
• (2)The personal accident insurance cover provided in subsection (1)shall bevalid for the duration of the internship period.
• 12.(1)In addition to the monthly stipend and insurancecoverprovidedinsections10and11 respectively,every intern engaged in the public service shall beentitled to-
• (a)sick leave asmay be applicable in the prevailing
• regulations;
• (b)maternity orpaternity leave;and
• (c)subsistence allowance as may be determined by the Cabinet Secretary from time to time.
• (2)Despite the provisions of subsection (1),an intern
• shall notbeeligible toreceivepensionorgratuity.

Payment of

stipend.

Insurance.

Otherentitlements

ofintems.

• 13.An internship period shall bevalid for any period as may be determined by a person in charge ofa public service institution,but such internship period shall not exceed twelvemonths.

Duration of internship.

• 14.(1)An intern shall be liable to have his or her internship discontinued on thegroundsof-

Termination of internship.

• (a)absence from the public service institution without permission or reasonable cause for a period exceeding twenty four hours;
• (b)gross or disorderly conduct;
• (c)unsatisfactoryperformance;
• (d)failure to obey any lawful instructions;or
• (e)commission ofa criminal offence.
• (2)An internmay terminate intermship by submittinga thirty days'notice in writing to the person in chargeof the public serviceinstitution.

PARTIII-PROVISIONSONDELEGATED

POWERS

• 15.The Cabinet Secretary may make regulations forRegulations. thebetter carryingout of theprovisionsof thisAct.

MEMORANDUMOFOBJECTSANDREASONS

Statement of the Objects and Reasons for the Bill

Theprincipalobject of this Bill is to establish a legal framework for the regulation ofinternship programmes within thepublic service.Article 55of the Constitution provides that the State shall take measures, including affirmative action programmes to ensure that theyouth have access to inter alia relevant education,training and employment.

The Bill seeks to ensure the provision of a monthly stipend,insurance and other entitlements to persons engaged in internships within the public service for the duration of the internship programme.The provision of stipend to interns is necessary as the interns contribute to themanpower of the organization by offering their professional skills as apprentices.

• Part I of the Bill provides for the preliminary provisions,which includes the short title and interpretation of terms as used in the Bill.This Part alsoprovidesfor the guidingprinciples as well as the institutions and
• persons to whom the Act shall apply.
• Part II of the Bill provides for the recruitment of interns.This Part sets out the procedure for the recruitment of interns,the entitlements of interns as well as the respectiveroles and responsibilities of interns and public service institutions.

PartIlI of the Bill provides for theprovisionson delegated powers, and gives the Cabinet Secretary the power to make regulations for purposes of thebetter carryingout of theprovisions of theAct.

Statement on the delegation of legislative powers and limitation of

fundamental rightsand freedoms

This Bill delegates legislative powers to the Cabinet Secretary.but it does not limitfundamental rights and freedoms.

Statementofhow the Bill concerns county governments

The Bill concerns county governments in terms ofArticle 109(5)of the Constitution as it contains provisions that affect the functions and powersof the county governments assetoutin theFourth Schedule to the Constitution.

The Bill provides for the recruitment of interns in both thenational

andcounty governments.

Statement as to whether the Bill is a money Bill within the meaning of Article 114ofthe Constitution

The enactment of this Bill may occasion additional expenditure of publiefunds.

Dated the 8th December,2022

NAISULALESUUDA. Member ofParliament.