Members of Parliament on February 28, 2024, resumed to debate on a Bill tabled at the National Assembly which seeks to prescribe a fixed retirement age for all Public Servants.
The Public Service Commission (PSC) Amendment Bill, which is on the second reading, seeks to amend the Public Service Commission Act, 2017, and in turn cap the retirement age at 60.
Debates for the bill sponsored by Embakasi Central MP Benjamin Gathiru Mejjadonk resumed on Wednesday, with more legislators contributing on the proposed law.
The Bill prescribes a mandatory retirement age of 60 years, in a bid to increase job vacancies available to Kenyans below the age of 60.
On his part, Mukurweini MP John Kaguchia stressed on the need for civil servants approaching the retirement age of 60 to mentor and guide younger people who can take over after their service.
Retirement Age
Also, he highlighted that senior civil servants need to mentor their juniors so that they get the experience that is important for them to continue running different terms of the government.
“I have seen people who have attained the retirement age getting extensions to continue serving and whereas we continue benefitting from their experience.
It denies us the opportunity of the energy, the vigor, the vision, of younger people who are pretty experienced to continue serving,” said Kaguchia.
Weighing on to the matter, Emuhaya MP Omboko Milemba supported the proposed enactment on the retirement age in law, from its current provision under a regulation, adding that this would promote compliance.
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“While the retirement age has remained as a regulation, it has been manipulated by people in power on who they will give additional years to serve and who they will not,” said Milemba.
Teachers Woes
Further, the MP noted that teachers are facing the same challenge of acting without requisite allowances or prospects for growth.
He claimed that at the Teachers Service Commission (TSC), it is worse because more than half of the Deputies and Heads are in acting positions, with the Salaries and Remuneration Commission (SRC) removing the acting allowances for the acting positions.
“If teachers act for more than 6 months, then they should be confirmed on permanent terms. The pension remittances also need to be expedited once a worker retires”, he averred.
In his response, the Bill’s proposer thanked all those who supported it pointing out areas that need further deliberations during the third reading.
He also sought to explain why the Bill intends to enforce the retirement age through an Act of Parliament as opposed to a regulation, adding that the move would firm up the process of implementation across the public service.
Furthermore, the PSC Amendment Bill also intends to address the issue of an officer designated to act in a position for more than 6 months.
MPs on Acting Positions
MP Mejjadonk disagreed with the Labour Committee’s recommendation on changing the acting period from 6 to 12 months.
He argued that it negates the demand for good corporate governance, and that institutions should prepare themselves early enough for transition.
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While commending the Embakasi Central MP for tabling the Bill, Laikipia Women representative Jane Kagiri held that nobody should be in acting capacity for more than 6 months.
According to her, civil servants in acting capacity lack stability in their work which in turn lowers morale in service, eventually affecting the growth of the institutions.
While supporting the Bill, Nyeri town MP Duncan Mathenge emphasized on the importance of the National Assembly doing a proper legal framework to guide the provision for officers serving in acting capacity.
Acting Officers
Furthermore, he gave examples of key parastatals like the Kenya Medical Supplies Agency (KEMSA) and Kenya Medical Research Institute (KEMRI) that currently have acting CEO’s.
Mathenge also pointed out DR. Patrick Amoth who has been acting for the last 6 years as the Ministry of Health Director-General, until the position was advertised in a Gazette notice in February 2024.
“The public service is suffering from lethargy and paralysis on the basis of the fact that most of the senior positions in government have been held in acting capacities by people who hold the requisite experience, skills and qualifications.
However, they are unable to make firm decisions at crucial moments because they are in acting capacities,” observed Mathenge.
MP Milemba pointed out that the acting capacity has been really misused as many public servants are acting in their positions for more than 3 years.
According to him, this act is denying them the value for the job they are doing.
The Bill’s proposer has assured the youth that the National Assembly will continue making laws that will ensure that their many years spent in school gaining knowledge and skills, will result in gainful employment.
