Public Service Commission Act

Section 1. Short title Section This Act may be cited as the Public Service Commission ("the Public Service Commission established under Article 233 of the Constitution;") Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "acting appointment" means temporary conferment upon a public officer ("any person other than a state officer who holds a public office;") , by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or the relevant appointing authority, the power to perform duties of a public office other than the office the officer is substantively appointed to hold, while the public officer ("any person other than a state officer who holds a public office;") continues to hold the substantive appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") ; "affirmative action" means any measure designed to overcome or ameliorate an inequity or the systemic denial of opportunities; "appointment" includes appointment, acting appointment ("temporary conferment upon a public officer, by the Commission or the relevant appointing authority, the power to perform duties of a public office other than the office the officer is substantively appointed to hold, while the public officer continues to hold the substantive appointment;") , re-appointment,...

Section 3. Scope and application Section Subject to Articles 155(3)(a), 158(3), 234(2)(a), 234(3) and 252(1) of the Constitution and section 28 of the Kenya Defence Forces Act ( Cap. 199 ), this Act shall apply to all public bodies and persons holding office in the public service .

Section 4. Guiding principles Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall in fulfilling its mandate, be guided by the national values and principles of governance in Article 10 of the Constitution and the values and principles of public service in Article 232 of the Constitution.

Section 5. Powers of theCommissiongenerally Section issue summons as may be necessary for the fulfilment of its mandate;

Section 6. Access toCommissionservices Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so, having regard to the nature of its services.

Section 7. Composition andappointmentof members to theCommission Section 7(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall consist of a chairperson, vice-chairperson and seven other members. Section 7(2) The members in subsection (1) shall be representative ("any person who represents a public officer on any matter related to the employment of the public officer and excludes an advocate or union representative;") in terms of persons with disabilities, gender and ethnicity. Section 7(3) The procedure set out in the First Schedule shall apply to the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") of the members of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 7(4) The members of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall serve on full-time basis for a term of six years and shall not be eligible for reappointment. Section 7(5) Subject to Article 250(1) of the Constitution and the Third Schedule on the quorum of the Commission ("the Public Service Commissio...

Section 8. Qualifications forappointmentas chairperson andmemberofCommission Section 8(1)(a) is a citizen of Kenya; Section 8(1)(b) holds a degree from a university recognized in Kenya; Section 8(1)(c) has at least ten years experience in their respective profession; Section 8(1)(d) has at least six years experience in a managerial position either in the public or private sector; and Section 8(1)(e) meets the requirements of leadership and integrity in Chapter Six of the Constitution. Section 8(2)(a) is a citizen of Kenya; Section 8(2)(b) holds a degree from a university recognized in Kenya; Section 8(2)(c) has at least ten years experience in their respective profession; and Section 8(2)(d) meets the requirements of leadership and integrity in Chapter Six of the Constitution.

Section 9. Oath or affirmation of office Section The members of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, before assuming office, take and subscribe to the oath or affirmation of office prescribed in the Second Schedule.

Section 10. Vacancy Section 10(1)(a) dies; Section 10(1)(b) resigns from office by notice in writing, addressed to the President; or Section 10(1)(c) is removed from office in accordance with Article 251 of the Constitution. Section 10(2) The President shall, within fourteen days after the occurrence of a vacancy in the office of a member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") , publish such vacancy in the newspaper and in the Kenya Gazette .

Section 11. Filling of Vacancy Section 11(1) Where a vacancy occurs in the office of the chairperson, vice-chairperson or member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") , the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") procedure provided for in the Constitution and the First Schedule shall apply. Section 11(2) In filling vacancies of the chairperson, vice chairperson and members of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , the President shall have due regard to continuity of service. Section 11(3) In accordance with sub section (2), the President shall ensure that the terms of the persons nominated do not lapse at the same time.

Section 12. Committees of theCommission Section 12(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may from time to time establish such committees as may be necessary for the better carrying out of its functions and the exercise of its powers. Section 12(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may co-opt into the membership of any of the committees established under subsection (1), any person or persons whose knowledge and skills are necessary for the proper performance of the functions of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 12(3) A person co-opted under subsection (2), shall have no right to vote at any meeting of the committee.

Section 13. Organisation of theCommission Section 13(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may establish such directorates, departments, divisions or units as it may determine for the better carrying out of its functions. Section 13(2) Every directorate, department, division or unit created by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall act in accordance with the mandate approved by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") and directives given by the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") .

Section 14. Conduct of business and affairs of theCommission Section 14(1) The conduct and regulation of the business and affairs of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") are as provided for in the Third Schedule but subject thereto, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may regulate its own procedure. Section 14(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may invite any person to attend any of its meetings and to participate in its deliberations, but such a person shall not have a vote in any decision of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") .

Section 15.Secretaryto theCommission Section 15(1) There shall be a Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 15(2) The Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") shall be recruited by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") through an open, transparent and competitive recruitment process. Section 15(3)(a) is a citizen of Kenya; Section 15(3)(b) holds a degree from a university recognized in Kenya; Section 15(3)(c) has at least ten years relevant professional experience; Section 15(3)(d) has at least five years experience in a leadership position at senior management level in a public service or private sector organization; and Section 15(3)(e) meets the requirements of leadership and integrity as prescribed in Chapter Six of the Constitution. Section 15(4) The Secretary ("the Secretary to the Commission appointed in acc...

Section 16. Secretariat Section 16(1) There shall be a secretariat of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") which shall be headed by the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") . Section 16(2)(a) such professional, technical and administrative officers and support staff as may be appointed by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; and Section 16(2)(b) such public officers as may be seconded to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") upon its request. Section 16(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall ensure that the appointments made under subsection (2), comply with Article 232 (g), (h) and (i) of the Constitution.

Section 17. Seal of theCommission Section 17(1) The seal of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall be such device as may be determined by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") and shall be kept by the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") . Section 17(2) The affixing of the seal shall be authenticated by the Chairperson ("the chairperson of the Commission appointed in accordance with Article 233(2) of the Constitution;") and the Secretary ("the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in;") or any other person authorized in that behalf by a resolution of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 17(3) Any document purported to be under the seal of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or issued on behalf of the Commission ("the Public Service Commissio...

Section 18. Legal proceedings against theCommission Section The Government Proceedings Act ( Cap. 40 ) shall apply with respect to any proceedings against the Commission.

Section 19. Protection from personal liability Section 19(1) Nothing done by a member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") , officer, member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") of staff or agent of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, if done in good faith for the purpose of executing the powers, functions or duties of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") under the Constitution or this Act, render such member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") , officer, member ("a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;") of staff or agent personally liable for any action, claim or demand. Section 19(2) Subsection (1) shall not relieve the Commi...

Section 20. Code of conduct of members and employees of theCommission Section Members and employees of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall subscribe to such code of conduct as the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may prescribe, by regulations.

Section 21. Funds of theCommission Section monies allocated by Parliament for purposes of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ;

Section 22. Annual estimates Section 22(1) At least three months before the commencement of each financial year, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall cause to be prepared estimates of revenue and expenditure of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") for that year. Section 22(2)(a) payment of remuneration in respect of the staff of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 22(2)(b) payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 22(2)(c) acquisition of assets and maintenance of the buildings and grounds of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 22(2)(d) funding of training, research and development activities of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; and Section 22(2)(e) creation of such...

Section 23. Financial year of theCommission Section The financial year of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall be the period of twelve months ending on the thirtieth June in each year.

Section 24. Accounts and audit Section 24(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Section 24(2) The annual accounts of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall be prepared, audited and reported upon in accordance with the Public Audit Act ( Cap. 412B ).

Section 25. Application of this Part Section This Part shall apply in the exercise of the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's constitutional function to establish and abolish offices in the public service under Article 234(2) (a) of the Constitution.

Section 26. Meaning of establishment of offices Section For the purpose of this Part, "establishment of offices in the public service " means the determination and creation of the number and kinds of offices in the public service .

Section 27. Conditions for establishment of offices Section 27(1)(a) the request is based on comprehensive plans informed by the public body's workload analysis; Section 27(1)(b) the financial implications of creating the office are indicated; Section 27(1)(c) the office to be created relates to or supports the core functions of the public body; Section 27(1)(d) the office to be created is to be domiciled in the requesting public body; Section 27(1)(e) information on the current authorized establishment, level of grading, designation, extra posts required and evidence of optimum utilization of existing posts has been submitted; Section 27(1)(f) the office including its level of grading, qualification and remuneration shall not disadvantage similar offices in the public service or occasion unfair competition for staff among public bodies; and Section 27(1)(g) the functions of the office to be established are consistent with the Constitution or any other legislation. Section 27(2) The written request for establishment of an office shall include a statement by the respective authorized officer verifying that the conditions in subsection (1) have been met.

Section 28. Conditions for abolition of office Section 28(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall abolish an office in the public service upon receiving a written request by an authorised officer. Section 28(2)(a) the office relates to the provision of public services that are no longer necessary in view of improved methods for service delivery; Section 28(2)(b) the request is based on a comprehensive plan informed by the department's workload analysis; Section 28(2)(c) there is an indication of the financial implications of abolishing the office, including savings to be made in relation to services relating to the office; Section 28(2)(d) information on the current authorized establishment, level of grading, designation, and evidence of optimum utilization of existing posts is submitted; Section 28(2)(e) the office when abolished shall eliminate duplication and overlaps of functions by public bodies; and Section 28(2)(f) the functions of the office, if not abolished are inconsistent with the Constitution or any other legislation. Section 28(3) Any decision by the Commission ("the Public Service Commission establi...

Section 29.Commissionmay act on its motion Section 29(1) Subject to the provisions of this Part, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may on its own motion establish or abolish any office in the public service . Section 29(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall, before establishing or abolishing an office under subsection (1), give the authorized officer of the concerned public body an opportunity to make representation in respect of the action to be taken under subsection (1). Section 29(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's decision to act on its own motion shall be based on the need to facilitate improvement in service delivery and shall comply with the conditions prescribed in section 28 .

Section 30. Recommendation to the President Section 30(1) Where the President, under Article 132 (4) (a) of the Constitution, requests the Commission ("the Public Service Commission established under Article 233 of the Constitution;") to recommend the establishment of an office in the public service , the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall act in accordance with the conditions provided for in this Part. Section 30(2) Where the President considers it necessary to establish an office in the public service under Article 132 (4) (a) of the Constitution, a request to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") for recommendation for establishment of an office shall be in writing.

Section 57. Monitoring and evaluation of the administration of thepublic service Section 57(1) In this Part, 'administration' includes the management of policies, resources, systems and procedures and the provision of professional advisory services in the public service , to achieve integrity, efficiency, effectiveness, uniformity and improvement of service delivery. Section 57(2)(a) core functions; Section 57(2)(b) medium and long term plans for the delivery of the core functions; Section 57(2)(c) structural organization; Section 57(2)(d) direction taken in terms of goals and objectives; and Section 57(2)(e) staffing needs including establishment and terms and conditions of service . Section 57(3) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall by regulations set criteria for carrying out these duties.

Section 58. Organization of thepublic service Section 58(1) In this Act, "organization of the public service " means the organizational structures and establishment of departments, divisions, directorates, units, sections and other organizational or governance arrangements in the public service . Section 58(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall investigate, monitor and evaluate the organization of the public service with respect to any public body and make recommendations to the public body, the President and Parliament. Section 58(3)(a) establishment of any public body including a state department; Section 58(3)(b) amalgamation of any public bodies including state departments; Section 58(3)(c) addition to or subtraction from a department or division, directorate, unit, section or other organizational arrangement; Section 58(3)(d) naming or renaming of any public body, department or division, directorate, unit, section or other organizational arrangement; or Section 58(3)(e) abolition of any public body, department or division, directorate, unit, section or other organizational arrangement. Section 58(4) Where t...

Section 59. Personnel practices inpublic service Section personnel records management;

Section 60. Investigation Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may, upon a complaint or on its own motion, investigate the organization, administration and personnel practices of the public service .

Section 61. Reporting and use of findings Section Upon investigation, monitoring and evaluation under this Part, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall communicate its findings to the respective authorised officer, public body or office, and where necessary, take appropriate action.

Section 31. Delegation of powers Section 31(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") may, where appropriate and in writing, delegate any power or assign a duty conferred to it under the Constitution or this Act to its members, an officer, body or authority in the public service . Section 31(2) A delegation or assignment under subsection (1) shall not prevent the Commission ("the Public Service Commission established under Article 233 of the Constitution;") from exercising the power. Section 31(3)(a) shall be subject to any conditions that the Commission ("the Public Service Commission established under Article 233 of the Constitution;") may impose; Section 31(3)(b) shall not divest the Commission ("the Public Service Commission established under Article 233 of the Constitution;") of the responsibility concerning the exercise of the powers or the performance of the duty delegated, and Section 31(3)(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or amended by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") . Sectio...

Section 32. Appointment of anauthorized officer Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall in writing, designate authorized officers to be responsible for the proper management of its delegated functions in ministries or state departments.

Section 33.Commission’s authority to appoint Section 33(1) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall have such powers as may be necessary to discharge its functions under Article 234(2) (a) (ii) of the Constitution. Section 33(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's authority under subsection (1) shall be exercised at the request of the authorized officer of the public body to which the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") needs to be made.

Section 34. Acting appointments Section 34(1)(a) made by the lawful appointing authority; and Section 34(1)(b) subject to the prescribed regulations and procedures which apply to appointments. Section 34(2) A person shall not be appointed to hold a public office in an acting capacity unless the person satisfies all the prescribed qualifications for holding the public office. Section 34(3) An officer may be appointed in an acting capacity for a period of at least thirty days but not exceeding a period of six months. Section 34(4) A public officer ("any person other than a state officer who holds a public office;") may be assigned to perform duties vested in another public officer ("any person other than a state officer who holds a public office;") during a temporary absence of the other public officer ("any person other than a state officer who holds a public office;") . Section 34(5)(a) be in favour of a public officer ("any person other than a state officer who holds a public office;") who is duly qualified and competent to perform the duty; and Section 34(5)(b) not undermine the expeditious appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;...

Section 35. Effective date ofappointment,promotionandre-designation Section The effective date of appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") , acting appointment ("temporary conferment upon a public officer, by the Commission or the relevant appointing authority, the power to perform duties of a public office other than the office the officer is substantively appointed to hold, while the public officer continues to hold the substantive appointment;") , promotion ("the conferment upon a person in the public service of an office to which is attached added responsibility, higher salary or higher salary scale than that attached to the office to which the person was last substantively appointed;") or re-designation shall be the date of the decision to appoint, promote or re-designate or such date as the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or authorised officer may determine.

Section 36. Criteria forappointmentandpromotion Section 36(1)(a) merit, equity, aptitude and suitability; Section 36(1)(b) the prescribed qualifications for holding in the office; Section 36(1)(c) the efficiency of the public service ; Section 36(1)(d) the provable experience and demonstrable milestones attained by the candidate; and Section 36(1)(e) the personal integrity of the candidate. Section 36(2)(a) has the abilities, aptitude, skills, qualifications, knowledge, experience and personal qualities relevant to the carrying out of the duties in question; Section 36(2)(b) has potential for development; and Section 36(2)(c) meets the criteria set out in subsection (1). Section 36(3)(a) no applicant or candidate is discriminated on any ground; Section 36(3)(b) no one gender constitutes more than two thirds of those appointed; Section 36(3)(c) at least five percent of the appointments constitute persons with disabilities; Section 36(3)(d) there is proportionate representation of all ethnic communities; and Section 36(3)(e) the youth are appointed. Section 36(4) For purposes of ensuring representation of the diverse Kenyan Communities in the public service , the Commission ("the Pub...

Section 37. Advertisement of vacancies Section 37(1) Where a vacancy in a public office is to be filled, the Commission ("the Public Service Commission established under Article 233 of the Constitution;") or authorized officer shall invite applications by advertising the vacancy in the Commission ("the Public Service Commission established under Article 233 of the Constitution;") 's website, at least one daily newspaper of nationwide coverage, the radio and other modes of communication, so as to reach as wide a population of potential applicants as possible. Section 37(2) The Commission ("the Public Service Commission established under Article 233 of the Constitution;") or an authorised officer shall ensure that an invitation for application does not discriminate against any person. Section 37(3) The advertisements in subsection (1) shall be conducted in an efficient and effective manner so as to ensure that the applicants, including persons who for any reason have been or may be disadvantaged, have an equal opportunity to apply for the advertised positions. Section 37(4)(a) the title and rank of the public office; Section 37(4)(b) the public body in which the office is tenable; Se...

Section 38. Decision to be in writing Section Any appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") , acting appointment ("temporary conferment upon a public officer, by the Commission or the relevant appointing authority, the power to perform duties of a public office other than the office the officer is substantively appointed to hold, while the public officer continues to hold the substantive appointment;") , promotion ("the conferment upon a person in the public service of an office to which is attached added responsibility, higher salary or higher salary scale than that attached to the office to which the person was last substantively appointed;") , re-designation , transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") , deployment, delegation or assignment of a duty in the public service shall be in writing.

Section 39. Record of applicants Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") or any other lawful appointing authority shall maintain a record of all applications received in response to an advertisement inviting applications.

Section 40. Re-designation Section 40(1) The criteria for appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") of public officers prescribed under this Part shall apply when selecting public officers for re-designation . Section 40(2) A public officer ("any person other than a state officer who holds a public office;") who wishes to re-designate shall apply, in writing, to the respective authorized officer or to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") through the concerned authorized officer , as the case may be, for re-designation . Section 40(3)(a) the office is vacant; Section 40(3)(b) he or she meets all the qualifications; Section 40(3)(c) the re-designation shall not disadvantage any public officer ("any person other than a state officer who holds a public office;") who is already serving in the particular cadre; Section 40(3)(d) the officer has consented to such a decision; and Section 40(3)(e) the decision shall not reduce the public officer ("any person other than a state officer who holds a public office;") 's salary. Section 40(4) A re-designation shall take effect on a da...

Section 41. Confirmation ofappointment Section 41(1) Where it is necessary to appoint a public officer ("any person other than a state officer who holds a public office;") on probationary terms before confirmation of appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") , the probationary period shall not exceed six months but may be extended, with the consent of the public officer ("any person other than a state officer who holds a public office;") , for a further period of not more than six months. Section 41(2)(a) affording the public officer ("any person other than a state officer who holds a public office;") further opportunity to fulfil a condition for confirmation of appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") prescribed in writing prior to the appointment ("appointment,acting appointment, re-appointment,promotion and re-designation;") of the public officer ("any person other than a state officer who holds a public office;") ; or Section 41(2)(b) affording the public officer ("any person other than a state officer who holds a public office;") an opportunity to improve with respect to any...

Section 42. Secondment Section 42(1) The authority to second a public officer ("any person other than a state officer who holds a public office;") shall vest in the Commission ("the Public Service Commission established under Article 233 of the Constitution;") and shall be carried out on the request of an authorised officer or a public officer ("any person other than a state officer who holds a public office;") . Section 42(2) Unless there is an agreement to the contrary, the public body or the organization to which a public officer ("any person other than a state officer who holds a public office;") is seconded shall bear all the costs, remuneration, allowances and other benefits due to the officer during the period of secondment ("an arrangement in which a pensionable employee is temporarily released from an organisation within the public service to another organisation which does not have reciprocal pension arrangements, to provide critical skills or acquire new skills while preserving the pension rights of the employee;") . Section 42(3) Where it is no longer necessary for a public officer ("any person other than a state officer who holds a public office;") on secondment ("an a...

Section 43. Transfer Section 43(1) Where an authorized officer intends to transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") a public officer ("any person other than a state officer who holds a public office;") from the ministry or department where such a public officer ("any person other than a state officer who holds a public office;") is currently deployed to another ministry or department without a change of designation or grading, the recommendations and comments of the authorized officer concerned shall be sent to the Commission ("the Public Service Commission established under Article 233 of the Constitution;") , which shall decide whether the transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") should be approved. Section 43(2) Where an authorized officer intends to transfer ("the deployment of an officer from one ministry to another or from one duty station to another;") a public officer ("any person other than a state officer who holds a public office;") from the office where such a public officer ("any person other than a state officer who holds a public office...

Section 44. Casual service Section The Commission ("the Public Service Commission established under Article 233 of the Constitution;") shall prescribe the terms and conditions for employment of casual employees within the public service .

Section 45. Service on contractual terms Section 45(1) A person may be engaged on a term of contract, for a period of at least twelve months but not exceeding five years. Section 45(2)(a) the office where such a person is to be deployed has been created by the Commission ("the Public Service Commission established under Article 233 of the Constitution;") ; Section 45(2)(b) the office where such a person is to be deployed exists in the contractual establishment; Section 45(2)(c) the person has expressed the desire to serve on a term of contract; Section 45(2)(d) there is no other public officer ("any person other than a state officer who holds a public office;") performing the function; and Section 45(2)(e) the person does not qualify to be employed under any other terms of service. Section 45(3)(a) the workload justifies further engagement; Section 45(3)(b) the performance of the public officer ("any person other than a state officer who holds a public office;") is satisfactory; Section 45(3)(c) the public officer ("any person other than a state officer who holds a public office;") has expressed, in writing, the willingness to engage for a further term of service; Section 45(3)(d)...