Entry Instance

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{
    "id": 1375980,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1375980/?format=api",
    "text_counter": 114,
    "type": "speech",
    "speaker_name": "Runyenjes, UDA",
    "speaker_title": "Hon. Muchangi Karemba",
    "speaker": null,
    "content": "that the enactment of this provision would result to unfair labour practices contrary to Articles 27 and 41(1) of the Constitution on the freedom from discrimination and right to fair labour practices, as well as Section 5 of the Employment Act (No.11 of 2007) that requires that an employer pays their employees equal remuneration for work of equal value. 2. That Article 24(1) as read with Article 25 of the Constitution allows limitation of the rights guaranteed by Article 27, so long as the conditions set in Article 24 are satisfied. Article 24(1) provides that a right or fundamental freedom in the Bill of Rights shall not be limited except by law and only to the extent that such limitations are reasonable and justifiable. In this instance, the limitation of age does not amount to discrimination as it is justified under the employment law and practice. It also allows for continuity in the sector and the absorption of young professionals, thus, reasonable and justifiable. 3. The proposed amendment will align the Public Service Commission Act with the National Social Security Fund Act No. 45 of 2013 provision on pensionable age, as defined in Section 2. It says pensionable age means the age of 60 years. 4. The fourth observation is that it is the role of the National Assembly to enact legislation as per Article 95(3) of the Constitution. No person or body other than Parliament has the power to make provisions having the force of law in Kenya, except under authority conferred by this Constitution or legislation as per Article 94 of the Constitution. Delegation of powers to make law is provided under Section 92 of the Public Service Commission Act, providing that the Commission may make regulations to better carry into effect the provisions of this Act. Section 92(2)(f) of the Act provides that the Commission may make regulations for guidelines on retirement. This provision does not preclude the role of the National Assembly to make law through legislation by making a provision in the parent Act where the regulation-making authority has done so. 5. No memorandum or proposed amendment was received on the proposed insertion after Section 102 of the Public Service Commission Act No. 10 of 2017. The principal Act is amended by inserting the following new section immediately after Section 102(a), which says: A public officer engaged for service by the Commission or appointing authority after attainment of mandatory retirement age before the commencement of this Act shall serve for the remainder of the term of the contract."
}