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{
    "id": 400135,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/400135/?format=api",
    "text_counter": 55,
    "type": "speech",
    "speaker_name": "Hon. Mwiru",
    "speaker_title": "",
    "speaker": {
        "id": 107,
        "legal_name": "Alex Muthengi Mburi Mwiru",
        "slug": "alex-mwiru"
    },
    "content": "On the establishment of offices, our observations were: The Committee noted that Article 234 of the Constitution vests to the PSC the power to establish offices or posts in the public service unless where there is express provision in the Constitution or by registration to the contrary. The Cabinet Secretary, therefore, acted in breach of the Constitution by unilaterally establishing an office and went ahead to gazette and give such functions as deemed fit in blatant disregard of the Constitution. Furthermore, in her report to the Committee she indicated that a draft report prepared by the Directorate of the Public Service Commission established the office of the Director-General while the draft letter sent to the Committee only recommended that the Directorate of Lands be headed by a Secretary, Job Group “U” with three divisions each headed by a Director Lands, Surveys and Mapping and Physical Planning. The Housing and Public Works directorates were however, to be headed by a Director- General each. I have the annexure that I am going to table. The Committee was concerned that the Cabinet Secretary would establish an office unilaterally and proceed to vest powers that were otherwise provided for clearly in the transitional clauses in the Sixth Schedule of the Constitution which preserved the mandate to the Commissioner of Lands. Furthermore, the Constitution states that any rights, interests, title, power or obligation shall continue to be governed by the law applicable to it immediately prior to the commencement of this Act. On appointment, acting appointment and promotion, the Committee noted that Article 234 (2) (a) (ii) of the Constitution gave the Public Service Commission the power to appoint persons to hold onto or even act in public offices and confirm appointments. However, the Commission has delegated powers to a vice officer, of appointment, promotion and transfer in respect of officers in Job Groups “A” to “P”, though this request ought to be submitted first to the Public Service Commission in respect to appointments, acting appointments and promotions for positions created at Job Group “Q” and above. Re-designation of public officers at Job Group “J”, ought to be submitted to the Commission. The appointment made by the Cabinet Secretary of officers to hold or act in appointment was, therefore, irregular and unconstitutional as the post attracted officers of Job Group “Q” and above. On transfers, the Committee noted that the procedure in place of transfer of public officers in Job Group “Q” and above or the present post to a post of different designation in the same or another Ministry was not adhered to. Recommendations from the authorized officer in the Ministry were not forwarded to the Commission for determination as required. Furthermore, the Commission had to approve change of designation before the central human resource management postings committee would effect any changes. 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."
}