HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1265160,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1265160/?format=api",
"text_counter": 140,
"type": "speech",
"speaker_name": "Runyenjes, UDA",
"speaker_title": "Hon. Muchangi Karemba",
"speaker": null,
"content": "(KYPA) and two others vs. the Cabinet Secretary, Ministry of Labour and Social Protection and three others in 2020, and the matter of Justice Kalpana Rawal vs. the Judicial Service Commission and three others in 2016 in the Kenya Law Report, held that when the Constitution or a law sets a requirement age, that may constitute unequal treatment or discrimination on the grounds of age. Article 24(1) as read with Article 25 of the Constitution allows limitation of rights guaranteed by Article 27 so long as the conditions set in Article 24 are satisfied. 8. THAT, Article 12(1)(a) on limitations of rights, privileges and benefits of citizens provided for and limited by the Constitution under Article 24(1) that provides that a right of fundamental freedom in the Bill of Rights shall not be limited except by law, only to the extent that such limitations are reasonable and justifiable. 9. THAT, Article 232 (2) provides that all values and principles of public service apply in all State organs in both levels of government and all State corporations. 10. THAT, under Section 70 of the Public Service Commission Regulations, 2020, subject to the Constitution, Section 80 of the Public Service Commission Act, No.10 of 2017, the retirement age for public officers is 60 years, and 65 years for persons with disability, and such age as may be determined by the Commission for lecturers and research scientists serving in public universities, research institutions, and equivalent institutions, and determined by the Commission in consultation with the universities, research institutions and equivalent institutions. 11. THAT, further, subject to Section 8(2) of the Public Service Commission Act, No.10 of 2017, in determining whether to engage an officer after attainment of retirement age, the Commission shall determine and document the rare knowledge, skills or competence that the officer possesses. In the regulation, ‘rare knowledge’, ‘skills’ and ‘competencies’ mean knowledge, skills and competencies that are scarce, unique and not readily available in the job market. It is noted that in the recruitment report of the Public Service Commission, 261 persons applied and 80 were shortlisted. This was not cited as the reason for her nomination in the recruitment report from the Public Service Commission as transmitted to the Head of Public Service on 17th May 2023. 12. THAT, whereas there is no explicit law on retirement age of State officers, the Committee notes that the nominee was nominated to be a member of the Salaries and Renumeration Commission as a representative of the Public Service Commission, and she is currently 75 years of age, and would become a State officer where Article 10, Chapter 6, and Article 232 applies. To this end, the Committee noted that the nominee was not suitable to hold the position of member of Salaries and Remuneration Commission. Hon. Temporary Speaker, it is good to mention that SRC commissioners work on full time basis unlike other commissions who attend sessions when called upon to do so. This nominee is 75 years old. When you get to that age, you lack energy to do many things. Considering this nominee was from the Public Service Commission where the retirement age is 60 years, the Committee felt her age was quite advanced. She does not possess the necessary energy since this Commission will need her services on full time basis. When you become a Commissioner of SRC, you are supposed to serve for six good years. If she is 75 years, it means by the time she comes to the end of one term, she will be 81 years."
}