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{
    "id": 1017802,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017802/?format=api",
    "text_counter": 386,
    "type": "speech",
    "speaker_name": "Embakasi Central, JP",
    "speaker_title": "Hon. Benjamin Mwangi",
    "speaker": {
        "id": 1396,
        "legal_name": "Benjamin Gathiru Mwangi",
        "slug": "benjamin-gathiru-mwangi"
    },
    "content": " Hon. Temporary Deputy Speaker, I rise to move that the Public Service Commission (Amendment) Bill, (National Assembly Bill No. 27 of 2019) be read a Second Time. Hon. Temporary Deputy Speaker, before setting out specific provisions of this Bill, it behooves us to understand the motive behind the legislation. The public service is established under Chapter 13, whereas the Public Service Commission is anchored in Article 233 of the Constitution. The values and principles of the service form the benchmark of development of legislation that will guarantee high standards of professionalism and efficient, effective and economic use of the resources in the service delivery to citizens. With this understanding, the provision of Article 10 remains the hallmark value and the principle that will guide governance structures in the country. The Public Service through the Public Service Commission Act, 2017, embodies implementation of these fundamental values in the service. The Public Service Commission (Amendment) Bill (National Assembly Bill No .27 of 2019) seeks to amend the Public Service Commission Act, 2017 to prescribe the mandatory retirement age of 60 years in the Act. Currently, the Act delegates the prescription to regulation developed by the Cabinet Secretary responsible for the Public Service. It is in this structure. It is instructive to note that clarity of purpose such as prescription ought to be made precisely clear in legislation and reduce inconsistency and firm up the process of implementation across the public service while providing for the exemptions. Further, the Bill provides for the penal provision in the event that the appointing authority allows a person to act in appointment for a period of more than six months and regarding acting allowances thereof upon the lapse of the acting period. The amendment forms the critical premises in addressing unemployment in the country as it sets forth the ground to increase job opportunity for the youth and those below the age of 60. Continued retention of staff and officers who have attained retirement age due to possessing critical competencies negates the demand for good corporate governance through succession planning. In the foregoing, the Public Service Commission (Amendment) Bill, 2019, if approved by the House will settle the administrative, operational and succession planning issues in the public service. The Public Service Commission (Amendment) Bill seeks to amend Section 34 of the Public Service Commission Act, 2017, which provides that any officer appointed in an acting capacity shall not be entitled to any acting allowance after the expiry of six months. Additionally, the Bill seeks to amend Section 80 by prescribing the mandatory retirement age of 60 in the Act as opposed to setting it in the regulations. Also, the Bill proposes deletion of Section 80 (2), which provides for exceptional circumstances under which the Commission or any other appointing authority can engage an officer upon retirement on the basis of possessing rare skills and competences or wilfully The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}