Report On Consideration Of Nominee For Appointment As Chairperson, Public Service Commission

THENATIONALASSEMBLY

THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

DIRECTORATEOFDEPARTMENTALCOMMITTEES

DEPARTMENTALCOMMITTEEONLABOUR

REPORTONTHEAPPROVALHEARINGOFMR.FRANCISMEJA,NOMINEE FORAPPOINTMENTASCHAIRPERSONOFTHEPUBLICSERVICE COMMISSION

CLERK'SCHAMBERS DIRECTORATEOFDEPARTMENTALCOMMITTEES PARLIAMENTBUILDINGS NAIROBI

FEBRUARY,2026

2412

TABLEOFCONTENTS

| LISTOFABBREVIATIONSANDACRONYMS | LISTOFABBREVIATIONSANDACRONYMS | |---------------------------------------------------------------|---------------------------------------------------------------| | LISTOFANNEXURES | LISTOFANNEXURES | | CHAIRPERSON'SFOREWORD | CHAIRPERSON'SFOREWORD | | CHAPTERONE | CHAPTERONE | | 1.0 | PREFACE | | I.IESTABLISHMENTANDMANDATEOFTHECOMMITTEE | I.IESTABLISHMENTANDMANDATEOFTHECOMMITTEE | | 1.2SUBJECTMATTER | 1.2SUBJECTMATTER | | 1.3COMMITTEEMEMBERSHIP. | 1.3COMMITTEEMEMBERSHIP. | | I.5COMMITTEESECRETARIAT. 3 | I.5COMMITTEESECRETARIAT. 3 | | CHAPTERTWO | CHAPTERTWO | | 2.0 | BACKGROUND. | | 2.1 | LEGALFRAMEWORK | | 2.2 | NOTIFICATIONOFNOMINATIONS. | | 2.3 | NOTIFICATIONTOTHEHOUSEANDREFERRALTOTHECOMMITTEE | | 2.4 | NOTIFICATIONTOTHEPUBLIC. 4 | | 2.5 | NOTIFICATIONTOTHENOMINEE. | | 2.6 | CLEARANCEANDCOMPLIANCEREQUIREMENTS 5 | | 2.7 | CRITERIAFORCONSIDERATIONDURINGTHEAPPROVALHEARINGS. 6 | | 2.7.IPROCEDUREFORNOMINATION... b | 2.7.IPROCEDUREFORNOMINATION... b | | 2.7.2ConstitutionalandStatutoryRequirements. CHAPTERTHREE. 10 | 2.7.2ConstitutionalandStatutoryRequirements. CHAPTERTHREE. 10 | | 3.0 | MEMORANDAFROMTHEPUBLIC. | | CHAPTERFOUR 12 | CHAPTERFOUR 12 | | 4.0 | APPROVALHEARINGOFTHENOMINEE .12 | | 4.3 | GENERALANDSECTOR-SPECIFICQUESTIONSTOTHENOMINEE 13 | | CHAPTERFIVE 17 | CHAPTERFIVE 17 | | 5.0 | COMMITTEEOBSERVATIONSONTHESUITABILITYOFTHENOMIINEE 17 | | 6.0 | COMMITTEERECOMMENDATION |

LISTOFABBREVIATIONSANDACRONYMS

CBS

Chief of the Order of the Burning Spear

CUE

Council for UniversityEducation

DAP-K

Democratic Action PartyKenya

DCI

Directorate of Criminal Investigations

EACC

EthicsandAnti-CorruptionCommission

FORD

ForumfortheRestorationofDemocracy His Excellency

H.E.

HELB

Higher EducationLoans Board

KANU

Kenya African National Union

KRA

KenyaRevenueAuthority

MBS

Moranof theOrderof theBurningSpear

MP

MemberofParliament

NTSA

NationalTransportandSecurityAuthority

ODM

OrangeDemocraticMovement

ODPP

OfficeoftheDirectorofPublicProsecutions

ORPP

Office of the Registrar of Political Parties

PSC

PublicServiceCommission

UDA

UnitedDemocraticAlliance

UON

The Universityof Nairobi

TIMS

TransportIntegratedManagementSystem

LISTOFANNEXURES

Annexure I:

AdoptionSchedule

Annexure 2:

Minutes of Committee Sittings

Annexure 3:

Transmittal LetterbytheHeadofPublicService

Annexure 4

ReportoftheSelectionPanel

Annexure 5:

MessageNo.001of2026fromtheSpeaker

Annexure 6:

Advertisement notifying the public of the approval hearing and submission ofmemoranda

Annexure 7:

Letterfrom the Clerk of the National Assemblyinviting the nomineefor the approval hearing

Annexure8:

Lettersfrom the Clerk of the National Assembly to DCl,EACC,HELB, KRA,ODPPandORPP

Annexure 9:

LettersofclearancefromDCI,EACC,HELB,KRA,ODPPandORPP

Annexure10:

CurriculumVitae,certificatesandtestimonialsofthenominee

AnnexureI1:

Memorandacontestingthenominationforappointment

Annexure12:

Omondi&anothervAttorneyGeneral&2others;Ethekon&7others(Interested (Constitutional andHumanRights)(10July2025)

Annexure13:

Messagedated4tDecember2014fromtheSpeaker

CHAIRPERSON'SFOREWORD

ThisreportcontainstheproceedingsoftheDepartmental CommitteeonLabourduring the approval hearings of theperson nominated for appointment as Chairperson of thePublicService CommissionasforwardedbytheSelectionPanelandcommunicatedtotheHousebytheSpeaker oftheNationalAssemblyonTuesday,1otFebruary2026.

Pursuant to section 7(3) of the PSC Act, Cap. 185, H.E. the President convened a selection panel for the recruitment of a suitable candidate for appointment as Chairperson of the PSC. Guided by section I1(4) and (5) of the PSC Act, Cap.I85, the selection panel invited applications from Chairperson of the PSC. Consequently, the selection panel forwarded the names of the selected candidatestothePresidentfornomination.

In exercise of powers conferred by Article 250(2)(c) of the Constitution and section Il(6) of the PSC Act, Cap.185 as read together with sections 3 and 5 of the Public Appointments appointment as Chairperson of thePSC.

OnTuesday,IothFebruary2026,theRtHonourableSpeakeroftheNational Assemblyvide Message No.001of 2026(Annexure 5) conveyed the Message from H.E. the President to the HouseandreferredthenameandthecurriculumvitaeofthenomineetotheCommitteefor approval hearing and in accordance with section 4 of the Public Appointments (Parliamentary Approval) Act, Cap. 7F and Standing Orders 42(3)(c) and 45(1) of the National Assembly Standing Orders.Whilereferring thematter to theCommittee,theSpeaker directedthat theCommittee e accordance with section Il(7) of the PSC Act,Cap 185.The Rt.Hon Speaker further directed the Clerk of the National Assembly to notify the nominee and the general public of the time and place of holding the approval hearing.

In fulfilment of the provisions of Article I18(1)(b) of the Constitution,Section 6(2),(3) and (4) of the Public Appointments (Parliamentary Approval) Act, Cap.7F and National Assembly Standing Order 45(3),the Clerkof theNational AssemblyonThursday,12thFebruary2026placed an advertisement in theprint medianotifying thepublic on the date,time andplace of theApproval Hearing.(Annexure6)

In compliance with Section 6(9) of the Public Appointments (Parliamentary Approval) Act, Cap. 7F,theClerkoftheNationalAssemblyinvited thepublictosubmitmemorandabywayofwritten statements on oath(affidavits)with supporting evidence contesting the suitability of the nominee. TheMemorandaweretobereceivedbyThursday,19thFebruary2026at5.00pm.Bythe closeof thedeadline,theCommitteehadreceivedthree(3)memoranda incontestationof the suitabilityofthenominee.

Further,on Friday,13thFebruary 2026,the Clerk of the National Assembly wrote to the nominee notifying him of the date, time andplace of the Approval Hearing,whichwas scheduled tobe conducted on Friday,20thFebruary 2026,in Committee Room 18,3rd Floor,Bunge Tower,ParliamentBuildingsatI0:ooam.

The Clerk of the National Assembly on Thursday 12th February 2026 wrote to the Directorate of Criminal Investigations (DCl), Ethics and Anti-Corruption Commission (EACC), Higher Education Loans Board (HELB), Kenya Revenue Authority (KRA), Office of the Director or Public Prosecutions (ODPP) and Office of the Registrar of Political Parties (ORPP) seeking references andbackgroundchecksrelating tothe suitabilityof thenominee.

The nominee appeared before the Committee on Friday, 20th February 2026 and was orally interviewedunderOathpursuanttoArticle250(12)of theConstitution,thePublicAppointments (Parliamentary Approval) Act,(Cap.7F),thePublicService CommissionAct,Cap.I85and the National AssemblyStanding Orders.

TheCommittee examined his suitabilitybased onthe criteria set outinsection7of thePublic the nominee, the constitutional and statutory requirements relating to the office in question and abilities, experience and qualities meet the needs of the office in question. Furthermore, the Committee examined the nominee's academiccredentials,relevant professional training and

TheCommitteeobservedthat thenomineedemonstratedknowledgeoftopical,administrative andtechnical issues,the affairs of theCommission andtheroles ofChairpersonofPsC.The approved for appointment as the Chairperson of thePSC.

The Committee therefore recommends that this House approves Mr.Francis Meja for appointmentasChairpersonofthePsC.

TheCommitteewishestothanktheOfficesoftheSpeakerandof theClerkoftheNational Assemblyfor thetechnical support accordedtoit duringthe exercise.TheCommitteefurther process.Finally,I acknowledge and appreciate the Honourable Members of the Committee who sat for long hours, for their input and valuable contributions towards the preparation and writing of this Report.

On behalf of the Departmental Committee\_on\_Labour\_and pursuant\_to\_Article 250(2) of the House,theReportof theDepartmental CommitteeonLabouron theApproval Hearingof Mr. Francis Meja, Nominee for Appointment as Chairperson of the Public Service Commission.

mmm

Hon. Kiti Richard Ken Chonga, MP Chairperson

1.0PREFACE

I.1EstablishmentandMandateoftheCommittee

• 2.TheDepartmental CommitteeonLabouris establishedunderStanding Order2l6and is mandated to, among others,"to vet and report on all appointments where the Constitution or any other law requires the National Assembly to approve, except those under Standing Order 204."

1.2SubjectMatter

• 3.The subject matter of the Departmental Committee on Labour is stated in the Second Schedule of the National Assembly Standing Orders and includes,among others,"labour,human capital andremuneration,tradeunionrelationsandpublicservice".
• 4.In executing this mandate, the Committee oversees the following Ministries, Departments, and Agencies (MDAs):
• TheStateDepartmentforPublicServiceandHumanCapital Development(Under Ministry of Public Service, Human Capital Development and Special Programmes)and itsAutonomousandSemi-AutonomousGovernmentAgencieswhichinclude;
• a)KenyaSchool of Government;and
• b)InstituteofHumanResourceManagement
• TheState Departmentfor Labour and SkillsDevelopment(Under the Ministry of Labour andSocialProtection)anditsAutonomousandSemi-AutonomousGovernment Agencies,whichinclude;
• a)National Industrial Training Authority (NiTA);
• b) National Productivity and Competitiveness Centre (NPCC);
• c) Kenya National Labour Board and theWages Council;
• d)National Employment Authority (NEA);
• ili)PublicServiceCommission;and
• iv)Salaries and Remuneration Commission.

1.3CommitteeMembership

• 5.TheDepartmental Committee on Labour comprises thefollowingMembers:

Chairperson

ODM Party

Hon. Kiti Richard Ken Chonga, MP Kilifi South Constituency

Vice-Chairperson

Hon. Fabian Kyule Muli, MP

GDDP

Kangundo Constituency

Members

Hon. Omboko Milemba, CBS, MP Emuhaya Constituency

Hon. James Onyango K'Oyoo, MP Muhoroni Constituency

ANC Party

ODM Party

Hon.Joseph Samal Lomwa,MP Isiolo North Constituency

Hon. Ernest Ogesi Kivai Kagesi, MP Vihiga Constituency

Jubilee Party

ANC Party

Hon.GeorgeAladwaOmwera,MP Makadara Constituency

Hon. Catherine Wambiliaga, MP Bungoma County

ODM Party

FORD-K

Hon. Njoroge, Mary Wamaua MP Maragua Constituency UDA Party

Hon.Amina Dika Abdullahi, MP Tana River County KANU

| Hon. Dorice Aburi Donya, MP | Hon. Patrick Simiyu Barasa, MP | |-------------------------------|----------------------------------| | Kisii County | Cherangany Constituency |

WDM-K

Hon.Wachira,Rahab Mukami, MP Nyeri County

UDA Party

Hon.Lilian Chebet Siyoi,MP Trans Nzoia County UDA Party

DAP-K Party

Hon. Peter Irungu Kihungi, MP Kangema Constituency UDA Party

1.5 CommitteeSecretariat

6.TheCommitteeSecretariatcomprises thefollowingtechnical staff:

Ms.Hellen Ekadeli SeniorClerkAssistant/HeadofSecretariat

Ms.ColletahSigilai SeniorLegalCounsel

Ms.Jael Kilaka ClerkAssistantIII

Mr.Joseph Ndirangu Fiscal AnalystI

Ms.Wambui Nyachae ResearchOfficerIll

Mr.Ambrose Nguti MediaResearchOfficer

Mr.Timothy Chiko ResearchOfficerIll

Ms.YasminHassan Assistant Serjeant-At-Arms Il

Mr. Cosmas Okello AudioOfficerIlI

2.0 BACKGROUND

2.1 Legal Framework

7. While conducting the approval hearing, the Committee was guided by statutes and articles of the constitution of Kenya, including- 2. i)ArticlelooftheConstitutiononthenationalvaluesandprinciplesof governance;

• i) Chapter 6 of the Constitution on leadership and integrity;

4. ii) Article77oftheConstitutiononrestrictiononactivitiesofStateOfficers; 5. iv) Article78of theConstitutionon dualcitizenship;

• V) ArticleIl8of the Constitution onpublicparticipation;

7. vi) Article124(4)of theConstitutiononconsiderationofpersonsfor appointment to public office; 8. vii)Article232of theConstitutiononvalues andprinciplesofpublicservice; 9. vii)Article233of theConstitutionon thePublicServiceCommission; 10. ix) Article 250(2) of the Constitution on the appointment process of the ChairpersonandMembersofaconstitutionalcommission; 11. x The Public Appointments (Parliamentary Approval) Act, Cap. 7F; 12. xi) )The Ethics and Anti-Corruption Commission Act, Cap.7H; 13. xi) The Leadership and Integrity Act, Cap. 185C; 14. xili) The PublicService Commission Act, Cap 185

2.2NotificationofNominations

8. Pursuant Section I1(6) of the PSC Act, Cap. 185 as read together with sections 3 and 5 of the Public Appointments (Parliamentary Approval) Act, Cap.7F, H.E. the President, through the Head of PublicService,transmitted to the Rt.Hon.Speaker of the National Assembly the Presidential Nomination Certificate No.Iof 2026,the Report of theSelectionPanel and the nominee's curriculum vitae vide letter referenced EOPICAB.26/4A VOL.Vll(124) dated 2nd February 2026 (Annexure 1)

2.3 Notification to the House and Referral to the Committee

9. Standing Order 42(2) of the National Assembly Standing Orders provides that: "If a message is received from the President, at a time when the House is not in session, the Speakershall forthwithcausethemessagetobetransmittedtoeveryMemberandshall report the messagetotheHouseonthedaytheHousenextsits." 10. The Rt. Hon. Speaker of the National Assembly vide Message No. I of 2026 date 10th February 2026 (Annexure 2) conveyed to the House the Message from H.E the President nominating Mr. Francis Meja for appointment as Chairperson of the PSC. 3. Il.In addition, pursuant to the provisions of Standing Order 45, the Speaker referred the name andthecurriculumvitaeof thenomineeto theCommitteeforapprovalhearingandreporting to the House within twenty-eight (28) days.

2.4 Notification to the Public

Report on Approval Hearing (Vetting) of Mr.Francis Meja,nominee for appointment as the Chairperson of the Public Service Commission (PSC)

CHAPTERTWO

12. Article Il8 of the Constitution provides that Parliament shall facilitate public participation and involvement in the legislative business and other business of Parliament and its Committees. 2. 13.Section 6(4) of the Public Appointments (Parliamentary Approval) Act, Cap.7F provides that theClerkshallnotifythepublicof thetime andplaceforholdingapprovalhearingsatleast sevendayspriortothehearings.Additionally,Section6(9)ofthePublicAppointments hearings and by written statement on oath,provide the Clerk with evidence contesting the suitabilityofacandidatetoholdtheofficetowhichthecandidatehasbeennominated. 3. I4.Incompliancewiththe aboveprovisions,theClerkoftheNational Assemblyon12thFebruary 2026placed an advertisementintheprintmedia,notifyingthepublicofthetime andplace of holdingthe approval hearingandinviting thepublic tosubmitmemorandabywayofwritten statementsonoath(affidavit)onthesuitabilityofthenominee. 4. of the deadline, the Committee had received three (3) memoranda contesting the suitability of the nominee.

2.5NotificationtotheNominee

• 16.The Clerk of theNational Assemblyvide a letter dated 12th February2026 referenced NA/DDC/LAB/2026/006(Annexure7) invited the nomineeforthe approval hearinginaccordance

2.6 Clearance and Compliance Requirements

• 17.Section 6(7) of the Public Appointments (Parliamentary Approval) Act, Cap.7F provides that an Approval Hearingshall focus on a candidate's academiccredentials,professional training and experience,personal integrity andbackground.

18. Vide letters dated 12th February 2026 and referenced NA/DDC/LAB/2026 (001), (002), (003), (004), (005) and (007) the Clerk of the National Assembly wrote to the DCl, EACC, HELB, KRA, ODPP and ORPP (Annexure 8) requesting for reports with respect to the nominee on the followingmatters:

• (a)criminalrecords;
• (b) ethics and integrity;
• (c)higher education loan repayment(s);
• (d) active criminal court proceedings;
• (e)political party affiliations; and
• () tax compliance
• 19.TheCommitteeconfirmedthat thenominee hadbeendulycleared asrequired byEACC ODPP,ORPP,DCI,KRA and HELB.(Annexure 9)
• 20.In addition,thenominee availed thefollowingdocuments:
• as Self-DeclarationwiththeEthicsandAnti-corruptionCommissionasprovidedforin the First Schedule of the Leadership and IntegrityAct;
• b Letter of recognition of qualification of Bachelor of Arts in Economics, Public Administration andPolitical Science awardedbyMarathwadaUniversityinIndia;

Report on Approval Hearing(Vetting)of Mr.Francis Meja,nominee for appointment as the Chairperson of the PublicService Commission (PSC)

• ? CRB certificate on his Credit report indicating no adverse listing;
• (P Letterofmembershipstatus from theOffice of the Registrar ofPoliticalParties indicating that the nominee is not an official or a member of any registered political party in Kenya;
• e) Police clearance certificate;and
• f Certificateofclearancefrom theHigherEducationLoansBoard

2.7 Criteria for Consideration during the Approval Hearings

21. In conducting the approval hearings, the Committee was guided by Section 6(7) and (8) of the Public Appointments (Parliamentary Approval) Act, Cap.7F, which provides that: 2. "(7) An approval hearing shall focus on a candidate's academic credentials,professional training and experience, personal integrity and background.

• (8) The criteria specified in the Schedule shall be used by a Committee during an approval hearing for thepurposes ofvettinga candidate."

4. 22.Additionally, Section 7 of the Act provides that the issues for consideration by the relevant House of Parliament in relation to any nomination shall be: 5. (a)"theprocedure used to arrive at the nominee; 6. (b)any constitutional or statutory requirements relating to the office in question; and 7. (c)the suitability of the nominee for the appointmentproposed having regard to whether the nominee's abilities, experience, and qualities meet the needs of the body to which nomination isbeingmade."

2.7.1 Procedure for Nomination

• 24.Article250oftheConstitutionprovidesthat: "Composition, appointment and terms of Office.
• (1)Eachcommission shall consistof at least three,butnot more thannine,members.
• (2) The chairperson and each member of a commission, and the holder of an independent office, shall be——

(a) identified and recommended-for appointment in a manner prescribed by national legistation;

• (b)approved bythe National Assembly;and
• (c)appointed by thePresident.
• (3) To be appointed, a person shall have the specific qualifications required by this Constitution or national legislation.
• (4)Appointments tocommissions and independent offices shall takeinto account the national values referredtoinArticle10,and theprinciplethatthecompositionof thecommissionsandoffices, takenasawhole,shallreflecttheregional andethnicdiversityofthepeopleofKenya.
• (5) The chairperson and each member of a commission, and the holder of an independent office, shallbe—
• (a) identified and recommended for appointment in a manner prescribed by national legislation;
• (b)approved by the National Assembly; and
• (c)appointed by thePresident."

Report on Approval Hearing (Vetting) of Mr.Francis Meja,nominee for appointment as the Chairperson of thePublicService Commission(PSC)

25. Section I1(1) and Paragraph I(1) of the First Schedule of the PSC Act, Cap. I85 provides that: 2. "(1)Where a vacancy occurs in the office of the chairperson, vice-chairperson or member, the appointment procedure provided for in the Constitution and the FirstSchedule shall apply.

• (2) Whenever a vacancy arises, the President shall,withinfourteen days by notice inthe GovernmentGazette,declarevacanciesintheCommissionandconstituteaselectionpanel comprisingof thefollowing—

4. i)arepresentativefrom theOfficeofthePresident; 5. i)arepresentativefrom theofficeof theAttorney-General; 6. )arepresentativefromtheMinistryresponsibleforthePublicService; 7. iv) )arepresentativefromtheInstituteof CertifiedPublicAccountants ofKenya; 8. (v) arepresentativefromtheInstituteofHumanResourceManagementwhoshouldbe knowledgeableinhumanresourcepractices; 9. VI a representativefrom the Federation ofKenya Employers who should beknowledgeable in labourrelations;and 10. (vii)arepresentativefromtheNationalCouncilforPersonswithDisabilities. 11. 26.In exercise of his powers in Article.250(2)(c)of the Constitutionand in accordance with section Il(1) and Paragraph I(1) of the First Schedule of the PSC Act, Cap.185, H.E.the Presidentconvenedaselectionpanelfortherecruitmentofasuitablecandidatefor appointmentfor appointment asChairpersonof thePsC. 12. 27.In accordance with the aforementionedprovisions,theSelectionPanel advertised,shortlisted andinterviewedtheapplicantsandselectedthree(3)personsqualifiedforappointmentas Chairpersonof thePsCandsubsequently,forwarded thenamesoftheselectedcandidatesto H.E.thePresidentfornomination. 13. 28.Accordingly,H.E.thePresident,through the Head of PublicService,forwarded to the National PSC in accordance with Article 250(2)(b) of the Constitution and section 3 of the Public Appointments (Parliamentary Approval) Act, Cap. 7F.

2.7.2ConstitutionalandStatutoryRequirements

29. The Committee was guided by the following provisions of law on the requirements for appointmenttotheStateoffice:

(a)NationalValuesandPrinciplesofGovernance

• 30.ArticleI0oftheConstitutionprovidesfor thenationalvalues andprinciplesofgovernance whichStateofficersshouldabidebyindischargingtheirmandate.Theyinclude:patriotism; national unity; sharing and devolution of power; the rule of law; democracy and participation of the people; human dignity; equity; social justice; inclusiveness; equality; human rights; nonand accountability; and sustainable development.
• (b) Conduct of State Officers

• 31.Article 75 of the Constitutionrequires a State Officer,whether inpublic or private life to behaveinamannerthatavoidsconflictbetweenpersonal interestandpublicofficialduties. TheArticlefurtherprohibitsaStateofficerwhohasbeendismissedorotherwiseremoved from office for contravention of provisions of Chapter Six of the Constitution from holding anyotherStateoffice.
• 32.Article77of the Constitutionoutlines that a full-timeStateofficermustnotparticipatein any othergainful employment and that any appointedState officermust not holdoffice in apolitical party.
• 33.Moreover,the Constitution underArticle 78further stipulates that aStateofficer must not hold dual citizenshipbutinstead shall be a citizen of Kenya only.
• 34.Article 232 provides for the values and principles of public service as high standards of professionalethics; efficient,effective and economicuse of resources;responsive,prompt, effective,impartialandequitableprovisionofservices;involvementofthepeopleintheprocess of policy-making; accountability for administrative acts; transparency and provision to the publicof timely,accurate information;fair competition and merit as thebasis of appointments and promotions; representation of Kenya's diverse communities; and affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public serviceofmenandwomen,membersofallethnicgroupsandpersonswithdisabilities.

(c) Qualifications for Appointment as Chairperson of the PSC

35. Article 250(2)(a) of the Constitution contemplates that the PSC Act, Cap. 185 shall prescribe themannerinwhich theChairpersonof thePSCshall beappointed. 36. Section 8 (1) of the PSC Act, Cap. 7l provides for the qualifications of the Chairperson of the PSCasfollows: 3. SubjecttoArticle233(3)oftheConstitution,apersonshallbequalifiedforappointment as thechairpersonorvice-chairpersonof theCommissionifthatperson— 4. (a) isacitizenofKenya; 5. (b) holdsadegreefromauniversityrecognizedinKenya; 6. (c) 7. (P) )hasatleastsixyears'experienceinamanagerialpositioneitherinthepublicorprivate

sector;and

• (e) meets therequirements of leadership andintegrityinChapterSixof theConstitution.

(d) Leadership and Integrity

37. The Committee, in determining the suitability of the nominee, was also guided by the provisionson leadershipandintegrityasoutlinedunderChapterSixoftheConstitution.In andintegrityinclude: 2. (a)selection on the basis of personal integrity,competence and suitability, or election in free andfairelections; 3. (b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices; 4. (c)selflessservicebasedsolelyon thepublicinterest,demonstrated by

ReportonApproval Hearing(Vetting)of Mr.FrancisMeja,nomineeforappointmentasthe Chairperson ofthePublicServiceCommission(PSC)

• (i)honesty in the execution of public duties; and
• (i)thedeclarationof anypersonal interestthatmayconflictwithpublicduties.
• (d)accountabilityto thepublicfordecisions and actions;and
• (e) discipline and commitment in service to the people.

38. In addition, the Committee considered section I0 of the Leadership and Integrity Act, Cap. 185Cinparticularwhichprovidesthat:

• "A State officer shall, to the best of their ability---
• (a)carryoutthedutiesoftheofficeefficientlyandhonestly;
• (b)carryoutthedutiesina transparentandaccountablemanner;
• (c) keep accurate records and documents relating to the functions of the office; and
• (d) report truthfully on all matters of the organization which they represent."
• 2.7.3 Suitabilityof thenominee for theproposedappointment having regardto whether the nominee's abilities, experience and qualities meet the needs of the officetowhichnominationisbeingmade
• 39.Thesuitabilityofthenomineewasassessedafterscrutinyofhisacademiccredentials, professional training and experience, personal integrity, background and qualities as well as his

3.0MemorandafromthePublic

• 40.ArticleIl8of the Constitutionprovides thatParliament shall facilitatepublicparticipation and involvementin thelegislativebusinessandotherbusinessofParliamentand itsCommittees.

41. Section 6(9) of the Public Appointments (Parliamentary Approval) Act, Cap. 7F provides that "any person may, prior to the approval hearing and by written statement on oath, provide the Clerkwithevidencecontestingthesuitabilityofacandidatetoholdofficetowhich the candidatehasbeennominated"

• 42.Pursuant toArticle Il8of the Constitution as readwith section6(9)of PublicAppointments (Parliamentary Approval)Act, Cap.7F,the Clerk of the National Assembly placed an advertisementintheprintmediaonThursday,12tFebruary2026invitingthepublictosubmit memoranda by way of written statement on oath (affidavit) on the suitability or otherwise of the nominees in conformity with section 6(9) of the Public Appointments (Parliamentary Approval)Act.
• 43.The advertisement indicated that the submissions were tobe received on orbefore Thursday 19th February 2026 at 5.00 pm.At the close of the submission deadline, the Committee had received three(3) memoranda contestingthenominationof thenominee by Mr.EliudKaranja Matindi and Dr. Magare Gikenyi Benjamin; Youth Education and Internship Society and Mr. Daudi O. Ochami contesting the nomination for the appointment.(Annexure I1)

3.1 Memorandum by Mr. Daudi O. Ochami (Advocate of the High Court of Kenya)

• 44.The deponent objects the nomination of Mr.Francis Meja as Chairperson of the PSC on grounds that it violates Article 233(3) of the Constitution highlighting that the nominee is a state officer as he is currently serving as a commissioner of PsC and he participated in the
• andpublicconcern sincetheselectionprocessoughtto inspirepublicconfidenceperArticle 232 of the Constitution of Kenya. Regrettably, the manner, by which he appears to, seek to, seamlessly transition from the membership of the Commission to head it does not inspire transparency.
• positionofchairperson of the commissionraises crediblequestionsofconflictof interest, fairnessandtransparencyoftherecruitmentprocess.
• 47.On the face ofit,Mr.Francis Meja'sparticipation in interviewsleading tothe saidselection while still in employment at thePSCviolates the expressprovisionof SectionIo(1) (2) of the Conflict-of-lnterestAct2025.
• defined by Section 8(b) of the Conflict-of-lnterest Act 2025. Further by submitting to the

Report on Approval Hearing(Vetting) of Mr.Francis Meja,nominee for appointment as the Chairperson of thePublic Service Commission (PSC)

CHAPTERTHREE

interviews Mr. Francis Meja and being a public officer violated Section 9 (a) of the Conflict-ofInterestAct2025.TheLeadershipand IntegrityAct asreadwith the Conflict-of-lnterestAct makesitclearthataStateOfficermustavoidsituationswherethereisapossibleappearance ofconflictofinterest.

49. Lastly the petitioner asserted that according to the Constitution and the PSC Act, members of the PSC serve a single, non-renewable six-year term. Mr. Francis Meja has served a year already. If successful in his current pursuit he will secure a six-year term on top of the one

3.2 Memorandum by Youth Education and Internship Society

50. The deponent stated that the appointment of Mr. Francis Meja as chairperson of the PSC contravenes Article233(3)(d)of the Constitution whichprovides that aperson shall not be eligible for appointment as a member or chairperson of thePsC if that person is a State officer or has served as one within the preceding five (5) years. 2. 51.ItcontestedthatArticle260oftheConstitutiondefinesastateofficertoincludemembersof constitutional commissions, including the PSC and that Mr.Francis Meja is a serving member ofthePSC,andtherefore astateofficerwithinthemeaningofArticle260hencenoteligible for appointment.

3.3 Memorandum by Mr. Eliud Karanja Matindi and Dr. Magare Gikenyi Benjamin

• 52.Thepetitioner challenged the nomination of the Mr.Francis Meja as Chaiperson of PSC and thetermofofficeofamemberofPsCtosingletermof6years.

CHAPTERFOUR

4.0APPROVALHEARINGOFTHENOMINEE

• hearing and noted thefollowing——
• 1)Thenomineehadnotnotified theClerkof theNational Assemblyof theirwithdrawal from Approval)Act,Cap 7F.
• 2) TheCommitteeexamined thenomineeagainst thecriteriasetoutinsection6(7),6(8) and ( ) s d s

4.1 Mr.Francis Meja-Nominee to the Office of Chairperson of PSC

54. The nominee appeared before the Committee on Friday, 20th February 2026 and was vetted under oath to examine his suitability.The Committee noted the following:

4.2Questionsfrom theQuestionnaire

Citizenship,DateandPlace ofBirth

55. The nominee is a Kenyan Citizen of ID Number 9208760 and was born in Kajiado County in 1968.

Academicand ProfessionalQualifications

56. The nominee holds a Master's in Business Administration (Strategic Management) from the University of Nairobi and a Bachelor of Arts Degree(Economics,PublicAdministration and Political Science) from Maratwada University in India. 2. 57.He alsoindicated thathehasundertakenthefollowing trainings; 3. (a) Huawei Digital Leadership Training 4. (c) Road Services Procurement and Integrity 5. (b) Road Sector Reforms and Financing 6. (d) Road Maintenance Management 7. ( )PSCcorporate Governance TrainingforCommissioners and SeniorManagementStaff 8. (e) Road Safety 9. (g) Finance for non- Finance Directors Training 10. (h) National Transport andSafety Authority Board DevelopmentProgramme 11. (i)Effective Customer Care 12. (i)Marketing-FinancialService,CustomerServiceforBanks and Non-Financial Institutions 13. (k) Credit Management and Debt Recovery Skills 14. (l)Business and Report Writing

EmploymentRecordandWorkExperience

• 58.The nominee has worked in the followingcapacities:
• (a)January2025-to date:member,PSC
• (b) February 2014 - December 2019:Director General at the National Transport and Safety Authority
• Infrastructure
• (d) July 2006 -September 2010:Manager,Business Growth and Development (Narok) Equity Bank Ltd

Reporton Approval Hearing(Vetting)of Mr.FrancisMeja,nominee for appointment as the Chairperson of thePublicService Commission(PSC)

• (e)2002-June 2006:Branch ManagerHousingFinance
• (
• (g) 1994-1998: Banking Officer, Housing Finance Company of Kenya Ltd

HonoursandAwards

59. The nominee has received Order of the Moran of the Burning Spear (MBS).

Published Writings

60. The nominee has published a number of articles in newspapers of national circulation. These include NTSA Digital Systems Bearing Fruits"(29/09/1016),"Cleaner Transport System Will

PublicOffice,Political ActivitiesandAffiliations

• 61.The nomineeindicated thatheis currently a memberofPSC.

Integrity

• 62.Thenomineesubmittedthathehasneitherbeenchargedinacourtoflawnoradversely mentioned in any investigatoryreportproduced byParliament or a Commission of Inquiry withinthepast threeyears.Inaddition,thenomineestated thathehas neverbeen dismissed orremovedfromofficeforviolatingtheprovisionsoutlinedinArticle75of theConstitution.

IncomeandNetworth

• motor vehicles and cash inbank.He indicated his current sources ofincome toinclude salary fromemploymentandfarmincome.

PotentialConflictofInterest

• 64.Thenomineedeclaredthatheiscurrentlynotassociatedwithanypersonsormattersthat wouldpresentapotentialconflictofinterestshouldheassume thepositionofchairpersonof PSC. If a conflict of interest were to arise,he statedthat hewould resolve it according to Article75oftheConstitution.

Pro-bono/CharityWork/DonationtoCharity

• 65.The nomineehasvolunteered incapacitybuilding activities for theBoard of Management at KimukaGirlsHighSchoolonaneedbasis.

4.3 General and Sector-Specific Questions to the Nominee

• 66.Inordertoassessthenominee'soverallsuitabilityfortheposition,theCommitteeposed questionstothenomineeandherespondedasrecordedhereunder:

On memoranda from members of the public contesting his nomination;

• 67.ThenomineesubmittedthatindeedheisatateofficerinaccordancetoArticle260ofthe IncompliancewithArticle250(6)heindicatedthatheisawarethathewillberequiredto vacate office by tenderingresignationbefore assuming office.He averred that heisfullyversed theCommission,his nominationwasfullycompliantwith thelaw.

• 68.HereliedonthecourtdecisioninOmondi&anothervAttorneyGeneral&2others; Ethekon&7others(lnterestedParties)(ConstitutionalPetitionE269of2025)[2025] KEHC 9956(KLR)(Constitutionaland Human Rights)(10 July 2025)where the court stated that"...there is no blanket constitutional bar for a servingState officer to applyfor consideration for appointmentto thelEBC,so longastheyresignfrom theircurrentofficebeforetheytake oathof officeofCommissioner."(Annexure|3)
• 69.Thenomineedrewtheattentionof theCommitteetoaRulingof theSpeakerof theNational Assemblymadeon4thDecember2014wheretheSpeakerguidedthattheseatfor aMember resignationjustbefore assuming theoffice theofficer isnominated to.(Annexure14)
• 70.Onhistenureandtermlimitasacommissioner,thenomineesubmittedthatshould the matter arise,he shall abide by the law.

Onenhancingtheworkingconditionsforpublicservants;

71. The nominee stated that low morale among public servants in performing their duties has been appointedhewillstrivetoimprovetheworkingconditionsofpublicservants.

On ghost workers;

72. The nominee highlighted the need to deploy integrated digital systems to enable real-time tracking of payroll and personnel data across government institutions. He stated that automationwouldsignificantlyreduceopportunitiesformanipulationandillegalbenefits. 73. The nominee clarified that he was appointed for a three-year term on the Council of Murang'a appointed as a member of thePsC.Priorto that,he had taken time topursue personal interests, including seeking an elective office as Governor for Kajiado County.

OnwithdrawalofNTsAfromroadoperations;

• 74.Thenomineestatedthattheinstitutionalreformsencounteredchallengesincludinghuman
• 4,000officerswithintheTrafficDepartmentwarrantingthetransferofthefunction.
• 75.Hefurtherstatedthatbeforethetransferof thefunctionhehadsecuredfundingfrom theWorld Bankfor the acquisition of body-worn cameras to enhance transparency,safety,and accountabilityin enforcementof operations tocurbharassmentof membersof thepublic.

Onfairand equitablerepresentation inrecruitmentprocessesin thepublicservice;

• 76.Thenomineestated thatthecommissionhasbeencommittedtopromotingfairandequitable appointment as Chairperson he will uphold fair, transparent and merit-based recruitment processeswithintheCommission.

OnengagementwithParliament;

Reporton Approval Hearing(Vetting)of Mr.Francis Meja,nomineefor appointment as the Chairperson ofthePublicService Commission(PSC)

77. The nominee acknowledged that the Commission faces significant budgetary constraints and relevantCommittee,tosecure adequatefundingandstrengtheninstitutional collaboration. 78. The nominee stated that the PSC has developed and adopted a policy framework to fast-track historically marginalized communities.He indicated that a definedproportion of recruitment opportunities wouldbe reservedfor suchcommunities,with competition maintainedwithin thedesignatedcategorytoupholdmerit.

On whether recruitments will be based on merit or ethnicity;

• 79.The nomineesubmittedthatrecruitmentsby thecommissionshallprimarilybebased on ethnicbalanceshallbeappliedtoensurecompliancewithconstitutionaldiversityprinciples.

Onredundantcourses thatnolongeralignwithcurrentemploymentdemands;

• 80.Thenominee acknowledged thegrowing mismatchbetweengraduates and available employment opportunities.He stated that the PSC is undertaking a skills-gap assessment within the public service and engaging public universities to align academic programs with the employmentmarketdemands.

On institutional dependence;

• 81.ThenomineeaffirmedthatthePsC'sforthcomingStrategicPlanunderscoresinstitutional independence andconstitutional fidelity,andhepledged to discharge hismandate free from external influence.Further,he asserted that the commissionhas consistently operated with integrity and accountability, with any grievances handled strictly within the bounds of the law.

Onverificationofacademiccredentials;

• 82.Thenomineeindicatedthatthecommissionispilotingadigitalverificationsystemtoenable instant online authentication of academic certificates, thereby preventing the submission of fraudulentcredentialswhenmakingjobapplicationsonline.

On thevaluehewill add if appointed asachairperson;

83. The nominee asserted that having served as commissioner, the position of chairperson would enable him tobemore effectively drive strategic directionandinstitutional reforms.He maintained that his deep institutional knowledge,professional insight would enable him to strengthenthecapacityandeffectivenesstothecommission.

Ontheallegedunfairtreatmentofpublicofficersapplyingforstudyleave;

• concernswheresomepublicofficersmisuse theremunerationduringstudyleavewithout undertaking or completing the approved course,while others demand for salary which is not alignedwiththeremunerationpolicies.

Onrestoringpublicconfidencein theCommission;

• 85.Thenomineesubmitted that thePSCisprioritizing automation anddigitalization tominimize human discretion in recruitment processes, thereby enhancing objectivity and restoring public confidence. The nominee committed to restoring public confidence in the commission if approvedforappointment.

Onaccess toonlinejobadvertisementsandautomatedapplicationsystems in remoteareas;

86. The nominee stated that the Commission had set in place frameworks where the national information toremotecommunitiestoensureinclusivity.

CHAPTERFIVE

5.OCOMMITTEEOBSERVATIONSONTHESUITABILITYOFTHENOMINEE

87. The Committee, having considered the nominee's filled questionnaire pursuant to Section 6(8) of the Public Appointments (Parliamentary Approval) Act, CAP.7F, the curriculum vitae (Annexure I0) and having heard his oral submissions during the approval hearing, observed as follows: 2. i.The nominee is a Kenyan citizen and does not hold any other citizenship and 8(1)(a) of thePSC Act,Cap.185.

• ii. Administration andPolitical Science from theMaratwadaUniversityin Indiaandwas issued with a letter of recognition by CUE referenced CHE/l0/9liVol.644 dated 9th June 2023. He therefore meets the requirements of section 8(1)(b) of the PSC Act, Cap185.
• iii. The nominee has over ten years' proven experience at management level having served in different managerial capacities at NTSA, Equity Bank Ltd and Housing FinanceincludingasaDirectorGeneral andBranchManagerfrom2002 to2019. The nominee, therefore, meets the requirements of section 8(l)(d) of the PSC Act, Cap185.
• iv. The nominee,havingbeen cleared by EACC,DCI, ODPP and ORPP and provided a clearancecertificatefromHELBandataxcompliancecertificatefromKRAmeets thestatutoryrequirementsfor appointment as Chairperson ofPsC.
• V. Thenominee demonstratedimpressiveknowledge anddeep understanding of the mandate of Chairperson of thePSC.He identified various challenges,displayed good problem-solving and innovative ways to improving the operations of the Commission.
• vi. The Committee noted that the nominee is yet to be appointed as chairperson of PSC. His appointment is subject to approval by the National Assembly and resignationbeforeassumingofficeinaccordancewithArticle25o(5)ofthe Constitution,SectionII and theFirstSchedule of thePSCAct.
• vii. Therecruitmentprocessandsubsequentrecommendationforappointmentas detailed in report of the Selection Panel of the nominee is in compliance with the Constitution,the PSC Act,Cap.185 and the Public Appointments(Parliamentary Approval)Act(Cap.7F).
• vili. The Committee noted that Article 250 (6) provides that members of a commission and holders of independent offices are appointed for a single,non-renewable sixof members serving across multiple commissions hence the need to clarify whether theintentionoftheConstitutionistolimit the sixyear-term to a specific commissionor to allcommissions toensure thatamemberservesonlyinone otherCommissionor beyondsix years.TheCommitteerecommendsa constitutional amendment of Article 250 (6) toprovide clarity on the six-year single term non-renewable in any commission or independent office.

CHAPTERSIX

6.0COMMITTEERECOMMENDATION

88. Having conducted the approval hearings pursuant to Article 233(2) of the Constitution; Sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, Cap 7F; Section 11 of PSC Act, Cap. 185 and Standing Order 216 (5) (f), the Committee recommends that the House approves the appointment of Mr. Francis Meja as Chairperson of the Public Service Commission.

SIGNED:.

DATE:

HON.KITIRICHARDKENCHONGA,MP CHAIRPERSON,DEPARTMENTALCOMMITTEEONLABOUR