Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1417484,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1417484/?format=api",
    "text_counter": 654,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr) Otiende Amollo",
    "speaker": null,
    "content": "the dissent. We are not only creating 23 posts so that we find a way of fitting in Justice Ong’udi’s decision, but we are going beyond 50 posts. If it was unconstitutional then, it is even worse now. Hon. Temporary Speaker, the position of the Head of the Public Service has a long history. If you look at the Report of the Committee of Experts and the Bomas Report, we started with the very powerful Office of the Chief Secretary. Before the promulgation of the Constitution of Kenya, 2010, people knew who the Chief Secretary was even before the ministers. This is because the position was very powerful. It was necessary to divorce that office, which came with the presidency, from the public service. It was determined that routine public officers should be headed by the PSC. This is because they are permanent employees who do not need to play politics. On the other hand, there are those who come into office with the elected President and the Executive. They are not employed on permanent basis. Their offices are transitional. That is why we introduced the Office of the Secretary to the Cabinet. It was to ensure that the public service is divorced from the transitional office of the President. The Constitution clearly defines the roles of the Secretary to the Cabinet. Introducing the Head of Public Service in the Bill conflates the two offices suddenly again. It removes the permanent control of public servants from the PSC and purports to put it under the transitional clause of the Head of Public Service. This does not address the role of the Secretary to the Cabinet. All these roles, which are described here, are supposed to be roles of the Secretary to the Cabinet. This transfers the roles of the Commission to an individual. It also does something worse. It removes the clear boundaries that are in the Constitution. As Hon. Chairman has said, it is possible that the Committee has attempted to define it within the Executive. However, it still remains Head of Public Service. He will head the public servants who are on permanent basis within the Office of the President. Lastly, as Hon. Chairman of the Departmental Committee on Administration and Internal Affairs has said, there was a court case which challenged the legality of that office. The court stated that there is nothing wrong with the President having a head of public service. He had him without legislation. Why are we creating it? Why are we creating a problem where there is none? I oppose the bits on the Head of Public Service and Chief Administrative Secretary."
}