Public Service Commission (Performance Management) Regulations, 2021

Section 1. Citation Section These Regulations may be cited as the Public Service Commission (Performance Management) Regulations, 2021.

Section 2. Scope Section 2(1)(a) public bodies; and Section 2(1)(b) all persons holding or acting in an office in a public body . Section 2(2) These Regulations shall not apply to public bodies or persons holding or acting in an office in a public body specified in Article 234 (3)(c) and (d) of the Constitution.

Section 3. Interpretation Section In these Regulations, unless the context otherwise requires— "authorised officer" means— (a) in the case of a Ministry or State department, an officer appointed by the Commission to perform its delegated functions in the Ministry or State department; (b) in the case of a State agency ("a public body other than a Ministry; and") , a Chief Executive Officer or any other person in charge of the State agency ("a public body other than a Ministry; and") ; and (c) in the case of a public university, a Vice-Chancellor; "Committee" means the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17; "excellence" means performance which exceeds the standards expected from the public body or an employee; "indicator" means a specific observable and measurable characteristic of achievement of the output ("the immediate results from an activity;") ; "Inspector-General" means the Inspector-General (Corporations) appointed under section 18 of the State Corporations Act (Cap. 446); "output" means the immediate results from an activity; "performance period" means the period between the first date and the last date of the fi...

Section 4. Objects of the Regulations Section improve the quality of public services offered by public bodies;

Section 5. Service delivery standards Section 5(1) Every public body shall develop service delivery standards with respect to the services provided by the public body and shall submit the standards to the Commission for approval. Section 5(2)(a) provide for efficiency, impartiality and the equitable provision of services; Section 5(2)(b) facilitate the introduction or adoption of modern and innovative service delivery systems and procedures; and Section 5(2)(c) ensure the adaptability of the delivery of public services to the needs of the public. Section 5(3)(a) include an effective feedback mechanism; Section 5(3)(b) specify mechanisms for monitoring and evaluating the effectiveness of service delivery; and Section 5(3)(c) specify mechanisms or strategies to be utilized to improve access to services. Section 5(4) The standards developed under paragraph paragraph (1) shall inform the annual performance targets of the public body . Section 5(5) A person may lodge a complaint with the Commission against a public body or an employee in a public body that fails to adhere to the service delivery standards developed under paragraph (1). Section 5(6) Public bodies shall review the standar...

Section 6. Cabinet Secretaries Section ensure that the performance contracts for all State departments and State agencies in the Ministry are signed by 15th August of every financial year;

Section 7. Principal Secretaries Section prepare a strategic plan for the State department;

Section 8. Board of State agencies Section the approval, development of, and overseeing the implementation of a strategic plan for the agency;

Section 9. Performance ContractingSecretariat Section 9(1) There is established a secretariat to be known as the Performance Contracting Secretariat ("the Performance Contracting Secretariat established under regulation 9;") . Section 9(2)(a) co-ordinating performance contracting in the public service; Section 9(2)(b) providing technical support to performance contracting parties; Section 9(2)(c) monitoring the performance of contracting parties; Section 9(2)(d) building the capacity of contracting parties on performance contracting; Section 9(2)(e) providing logistical and technical support to the Independent Negotiation and Evaluation Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") ; Section 9(2)(f) submitting quarterly reports to the Commission on the development and implementation of performance contracts in the public service; Section 9(2)(g) conducting research and development on performance contracting; and Section 9(2)(h) performing any other functions as may be prescribed by the Commission.

Section 10. Performance Contracting Committees Section 10(1) Each public body shall establish a Performance Contracting Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") . Section 10(2)(a) the Principal Secretary, who shall be the chairperson of the Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") ; Section 10(2)(b) the head of administration in the State department; Section 10(2)(c) three heads of technical departments designated by the Principal Secretary; and Section 10(2)(d) the head of the planning unit of the State department who shall be the secretary to the committee. Section 10(2)(a) a senior manager of the agency designated by the Chief Executive Officer, who shall be the Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") 's chairperson; Section 10(2)(b) the heads of department in the agency; and Section 10(2)(c) the head of the planning department or equivalent who shall be the secretary to the Committee ("the Independent Performance Negotiation, Vetting and Evaluatio...

Section 11. Strategic planning Section 11(1)(a) the nature and scope of the public body 's mandate; Section 11(1)(b) the strategic direction for the plan period; Section 11(1)(c) an overview of the operating environment; Section 11(1)(d) a description of the goals, objectives and targets to be attained in the medium term; Section 11(1)(e) the programmes and initiatives for attaining the goals, objectives and targets; Section 11(1)(f) a description of how the goals and objectives will be achieved including a description of the operational processes, skills and technology, human capital and other resources required to meet the goals and objectives; and Section 11(1)(g) key challenges that affect the body's ability to achieve its strategic objectives and deliver its outputs and how the challenges will be addressed. Section 11(2) The public body shall develop the strategic plan in a participatory manner. Section 11(3)(a) in line with the guidelines issued by the Ministry responsible for the planning mandate of the public body ; and Section 11(3)(b) aligned with the national development agenda and policy priorities. Section 11(4) The strategic plan period shall be aligned to the nationa...

Section 12. Strategic plans to be published Section publish the strategic plan on its website within one month of the approval; and

Section 13. Approved organisational structure, etc. Section 13(1) a strategic plan developed under regulation 12 shall contain the organisational structure of the public body as shall have been approved by the relevant authority. Section 13(2)(a) the main duties and responsibilities of the post or category of posts; and Section 13(2)(b) the qualifications for the post or category of posts. Section 13(3)(a) assess the public body 's human resource in order to determine the gap in skills and competencies, and the public body 's training needs; Section 13(3)(b) assess the public body 's optimal staffing levels necessary for the discharge of its mandate, including the required skills and competencies, the required number of employees, the grading structure and the terms of service of employees; Section 13(3)(c) plan within the public body 's budget for the recruitment retention, deployment and development of human resource according to the body's requirements; Section 13(3)(d) determine the training needs for the public body , set target: for the capacity-building of employees, and establish specific plans to address the body's training needs; and Section 13(3)(e) develop a career prog...

Section 14. Objectives and indicators Section 14(1)(a) are related to the public body 's mandate; Section 14(1)(b) are aligned to the national development agenda; Section 14(1)(c) are directly linked to the public body 's outputs; Section 14(1)(d) are fully provided for in the public body 's budget; and Section 14(1)(e) clearly identify intended beneficiaries, desired achievements, and the timeframe for the achievement of the objectives.

Section 15. Performance Contract to be signed annually Section 15(1)(a) be related to the programs, activities and performance targets specified in the public body 's approved strategic plan; and Section 15(1)(b) be aligned to the approved budget estimates of the public body for the financial year to which the performance contract relates. Section 15(2)(a) the strategic goals and objectives of the public body ; Section 15(2)(b) performance outputs and indicators; Section 15(2)(c) quantifiable and measurable performance targets for each performance indicator ("a specific observable and measurable characteristic of achievement of the output;") ; Section 15(2)(d) explanatory notes of the results to be achieved at the end of the contract period; and Section 15(2)(e) a basis for comparing actual program results with the corresponding performance targets. Section 15(3) A public body may aggregate, disaggregate or consolidate program activities. Section 15(4) The aggregation, disaggregation or consolidation referred to in paragraph (3) shall not omit or minimise the significance of any program activity that constitutes a major function or operation of the public body . Section 15(5) The p...

Section 16. Performance targets Section the mandate of the public body ;

Section 17. Independent Negotiation and EvaluationCommittee Section 17(1) There shall be an Independent Negotiation and Evaluation Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") made up of a pool of not more than fifty members who shall be competitively recruited and appointed by the President on the recommendation of the Commission. Section 17(2) The members of the Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") shall serve on a part-time basis for a period not exceeding three years and may be reappointed for one further period not exceeding three years based on satisfactory performance. Section 17(3)(a) possesses a minimum of a bachelor's degree from a university recognised in Kenya; Section 17(3)(b) has at least ten years' professional experience in a relevant field; Section 17(3)(c) has knowledge of national development goals; Section 17(3)(d) has experience in performance management; and Section 17(3)(e) satisfies the requirements of Chapter Six of the Constitution. Section 17(4)(a) negotiating performance contracts with public bodies;...

Section 18. Parties to negotiations Section 18(1) Each public body shall engage in negotiations with respect to its performance contract in accordance with these Regulations. Section 18(2)(a) in the case of a State department, between the Independent Negotiating Team comprising at least two members of the committee and the Ministerial team comprising the Cabinet Secretary, the Principal Secretary and heads of directorates in the State department; Section 18(2)(b) in the case of a state corporation, between the Ministerial team comprising the Cabinet Secretary for the parent Ministry, the Principal Secretary for the relevant State Department, a representative of the National Treasury and the state corporation team comprising the chairperson of the board of the state corporation, one independent director, the chief executive officer and heads of departments. Section 18(2)(c) in the case of a public university, the Ministerial team comprising the Cabinet Secretary, the Principal Secretary for the relevant State Department and a representative of the National Treasury and the university team comprising the chairperson of the university's council, an independent council member, the Vice...

Section 19. Negotiation of performance targets Section 19(1) During the negotiation of a performance contract, the parties shall take into consideration the core mandate of the public body , its operations, its financial and human resources, emerging issues or external factors which may affect performance. Section 19(2)(a) support the achievement of the mandate of the public body ; Section 19(2)(b) are aligned to the public body 's strategic plan and the national development agenda; Section 19(2)(c) are aligned to the approved public body 's service delivery standards; Section 19(2)(d) are factored into the approved budget estimates of the public body for the financial year; and Section 19(2)(e) contribute to sustainable development.

Section 20. Vetting of performance contracts Section 20(1) The performance contract negotiated between the Independent Negotiating Team made up of at least two members of the committee and the relevant Performance Contracting Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") shall be initialled by the representatives of the negotiating parties and presented to the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") for vetting before the contract is signed. Section 20(2)(a) the performance contract complies with these Regulations; Section 20(2)(b) the performance contract is in line with the public body 's strategic plan and national government development agenda; Section 20(2)(c) the performance indicators are in line with the public body 's mandate and factored into its approved budget for the financial year; and Section 20(2)(d) the public body 's performance targets are growth-oriented and citizen-focused. Section 20(3) In this regulation, "citizen focus" means service delivery based on a clear understanding of what the citizens' priorities and expectations from government a...

Section 21. Signing of performance contracts Section 21(1)(a) at the first level, between the President and the Cabinet Secretary responsible for the respective Ministry; Section 21(1)(b) at the second level, between the Cabinet Secretary and the Principal Secretary for the respective State Department; and Section 21(1)(c) at the third level, between the Principal Secretary and every head of department. Section 21(2)(a) at the first level, between the Cabinet Secretary for the parent Ministry and the chairperson of the board and an independent director for the State agency ("a public body other than a Ministry; and") and shall be countersigned by the Cabinet Secretary responsible for matters relating to finance; Section 21(2)(b) at the second level, between the chairperson of the board of the state agency and the chief executive officer; and Section 21(2)(c) at the third level, between the chief executive officer of the state agency and the heads of departments. Section 21(3)(a) at the first level, between the Cabinet Secretary responsible for matters relating to education, and the chairperson of the university's council and an independent council member on behalf of the university...

Section 22. Performance contract to be published Section 22(1) The authorized officer of a public body shall cause the signed performance contract to be published in the public body 's website not later than the 30th August of every year. Section 22(2) The Secretariat ("the Performance Contracting Secretariat established under regulation 9;") shall publish each performance contract it has entered into with a public body on its website not later than the 30th August of every year.

Section 23. Annual work plans Section targets in the performance contract; and

Section 24. Departmental and other work plans Section develop a work plan specifying the performance targets derived from the public body 's performance contract and the strategic plan; and

Section 25. Quarterly reports Section 25(1)(a) in the case of a Ministry, to the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") ; Section 25(1)(b) in the case of state agencies, to the Inspector-General and the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") ; and Section 25(1)(c) in the case of tertiary institutions, to the Ministry responsible for tertiary institution and the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") . Section 25(2) The performance report shall be in a format prescribed by the Commission. Section 25(3) The Secretariat ("the Performance Contracting Secretariat established under regulation 9;") , the Inspector-General or the relevant Ministry as the case may be, shall review the reports and provide feedback on areas for improvement to the public body . Section 25(4) The Inspector-General and Ministry shall forward the reports submitted by the State agencies and Inspector-General , as the case may be, to the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") .

Section 26. Mid-year reviews Section 26(1) The Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") shall conduct a mid-year performance review of public bodies that have signed performance contracts under these Regulations for the purpose of tracking progress and ensuring that the implementation of the performance contracts is on course, identify challenges and propose remedial action where necessary. Section 26(2) The authorized officer of a public body shall not later than 15th January of each year submit to the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") the second quarter performance report. Section 26(3)(a) cumulative level of achievements on the targets; Section 26(3)(b) challenges that have impacted on the achievement of the targets; and Section 26(3)(c) proposed remedial actions to overcome the challenges. Section 26(4)(a) review the performance of the public body ; and Section 26(4)(b) give feedback to the public body .

Section 27. Reports to specialized agencies Section 27(1) Each public body shall, within fifteen days after the end of every three months, submit a report on the body's performance targets in the performance contract to the specialised agency ("a public body charged with oversight of a cross-cutting issue or indicator;") relating to the mandate of the public body . Section 27(2) A copy of the report referred to in paragraph (1) shall also be submitted to the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") . Section 27(3) The specialized agency shall analyse the report under paragraph (1) and provide feedback on areas for improvement to the public body not later than the end of the following period of three months. Section 27(4) A copy of the feedback referred to in paragraph (3) shall be submitted to the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") .

Section 28. Annual Internal Performance Evaluation Report Section 28(1) Each public body shall, within thirty days after the end of the performance period ("the period between the first date and the last date of the financial year;") , conduct an annual internal performance evaluation and submit a report thereon to the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") . Section 28(2) The report under paragraph (1) shall indicate the level of achievement for each performance target.

Section 29. Annual performance evaluation Section 29(1) The Commission shall constitute a Performance Evaluation Team comprising members of the Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") to evaluate the performance of each public body . Section 29(2) The annual performance evaluation shall be conducted between the 1st August and the 15th October of each year. Section 29(3) The Secretariat ("the Performance Contracting Secretariat established under regulation 9;") shall develop a programme specifying the dates on which the annual evaluation of each public body shall be conducted. Section 29(4)(a) the performance contracting guidelines; Section 29(4)(b) copies of the signed performance contract; Section 29(4)(c) the approved budget of the public body ; Section 29(4)(d) the annual internal performance evaluation report; Section 29(4)(e) supporting documents for achievement of the targets; and Section 29(4)(f) supporting documentation of external factors that may have affected the achievement of performance targets. Section 29(5) The Performance Evaluation Team shall prepare and submit a consolidated performanc...

Section 30. Rating the performance of public bodies Section 30(1) The Commission shall constitute a moderation team comprising members of the Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") to moderate the performance evaluation reports and rate the public bodies. Section 30(2) In moderating the reports and rating the public bodies, the Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") shall be assisted by the Secretariat ("the Performance Contracting Secretariat established under regulation 9;") .

Section 31. Complaints handling Section The moderation team shall be responsible for receiving and addressing any complaints by public bodies regarding the moderation and rating process.

Section 32. Employee Performance ManagementCommittee Section 32(1) Each public body shall establish an Employee Performance Management Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") . Section 32(2)(a) The Secretary responsible for administration who shall be the chairperson; Section 32(2)(b) heads of departments; and Section 32(2)(c) the head of the human resource function who shall be the secretary to the committee. Section 32(3)(a) a senior manager appointed by the Chief Executive Officer, who shall be the chairperson; Section 32(3)(b) the heads of departments; and Section 32(3)(c) the head of human resource function who shall be the secretary to the committee. Section 32(4)(a) consider and moderate individual performance scores and make recommendations to the authorised officer ; Section 32(4)(b) make recommendations to the authorized officer on rewards or sanctions to be imposed on an employee; and Section 32(4)(c) make recommendations on planned performance improvement for an employee. Section 32(5) The performance of members of the Employee Performance Management Committee ("the Independent Performance Ne...

Section 33. Employee performance work plan Section 33(1) At the beginning of the performance period ("the period between the first date and the last date of the financial year;") , every employee shall develop a work plan derived from the departmental annual work plan. Section 33(2)(a) the performance targets or expected results on specific assignments and activities for which the employee performance will be measured; and Section 33(2)(b) the targets shall be set as agreed between the supervisor ("the immediate person to whom an employee reports") and the appraisee not later than the 30th August of each year.

Section 34. Performance appraisal instruments Section 34(1) The Commission shall design performance appraisal instruments to be used by public bodies to assess the performance of the public bodies' employees. Section 34(2)(a) the performance appraisal instrument prescribed by the Commission; and Section 34(2)(b) the date on or by which the appraisal of the performance of employees shall be conducted.

Section 35. Supervision Section 35(1) Each employee shall be supervised in the performance of his or her functions or duties. Section 35(2)(a) be accountable for the performance of all employees under his or her supervision; Section 35(2)(b) ensure necessary facilitation for the employee to deliver on agreed targets; Section 35(2)(c) on a regular basis, meet with the employee to discuss the employee's targets; Section 35(2)(d) before the appraisal cycle commences or within one month after appointment or promotion to a post, explain the performance appraisal procedure to the employee and criteria used for the employee's performance appraisal; and Section 35(2)(e) where necessary, facilitate coaching and mentoring of an employee in order to deliver on the agreed performance targets. Section 35(3)(a) at least once every three months; and Section 35(3)(b) at the end of the performance period ("the period between the first date and the last date of the financial year;") .

Section 36. Responsibilities of employees Section in consultation with the employee's supervisor ("the immediate person to whom an employee reports") , prepare an individual workplan derived from the departmental workplan;

Section 37. Joint mid-year review. Section 37(1) The supervisor ("the immediate person to whom an employee reports") and employee shall conduct a joint mid-year review to determine the progress made by the employee in achieving work objectives and competencies. Section 37(2)(a) the employee may identify any issues affecting performance; Section 37(2)(b) the supervisor ("the immediate person to whom an employee reports") may review the learning and development plan with the employee and, where necessary, update the plan; Section 37(2)(c) the supervisor ("the immediate person to whom an employee reports") and employee may agree to vary the initial targets if there has been a significant change in the nature of functions or duties performed by the employee; Section 37(2)(d) the supervisor ("the immediate person to whom an employee reports") shall, after discussion with the employee, provide feedback and adjust the performance targets if required; and Section 37(2)(e) the supervisor ("the immediate person to whom an employee reports") may, after discussion with the employee, recommend a talent management plan for the improvement of the employee's performance.

Section 38.Pro rataappraisal Section The appraisal of the performance of an employee shall be on pro rata basis if the employee is redeployed or leaves the public body .

Section 39. End of year appraisal Section 39(1) The supervisor ("the immediate person to whom an employee reports") shall, at the end of the performance period ("the period between the first date and the last date of the financial year;") , conduct a formal year-end appraisal of each employee under his or her supervision and rate the employee's performance. Section 39(2) The performance appraisal shall be conducted at a meeting held between the supervisor ("the immediate person to whom an employee reports") and employee. Section 39(3) The employee shall, prior to the meeting, prepare a preliminary report on the extent to which the employee's targets were achieved.

Section 40. Communication of results Section 40(1) The employee's supervisor ("the immediate person to whom an employee reports") shall notify the employee of the outcome of the performance appraisal at the end of the appraisal period and after conducting the end of year appraisal. Section 40(2) Both the employee's supervisor ("the immediate person to whom an employee reports") and the employee shall sign the appraisal form. Section 40(3) An employee who is not satisfied with appraisal ratings may seek reasons for the rating in writing from the supervisor ("the immediate person to whom an employee reports") . Section 40(4) An employee who is dissatisfied with the appraisal will indicate the reasons for the dissatisfaction on the appraisal form. Section 40(5) In the event of a dispute in the outcome of the appraisal, the supervisor ("the immediate person to whom an employee reports") shall advise the employee to appeal to the Authorized Officer.

Section 41. Performance appraisal Section 41(1) A duly completed Performance Appraisal Instrument shall be presented to the Performance Management Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") for moderation and recommendations. Section 41(2) The appraisal shall be based only on the information contained in the designated performance appraisal instrument developed by the Public Service Commission. Section 41(3) The recommendations of the Performance Management Committee ("the Independent Performance Negotiation, Vetting and Evaluation Committee appointed under regulation 17;") shall be submitted to the authorized officer for determination on the reward, sanction or performance improvement plan for each employee. Section 41(4) The Authorised Officer shall consider the performance appraisal reports and make a determination regarding probation, rewards, promotion and skills development of the employee. Section 41(5) An appraisee who is dissatisfied with the appraisal process and results may appeal to the authorized officer. Section 41(6) The authorized officer shall submit a consolidated annual performance report...

Section 42. Rewards Section 42(1) A public body may, with the approval of the Commission, administratively establish a rewards' scheme for employees. Section 42(2) The scheme referred to in paragraph (1) may include financial and non-financial rewards. Section 42(3)(a) first seek the advice of the Salaries and Remuneration Commission for the proposed financial rewards; Section 42(3)(b) ensure that the financial rewards are provided for in the public body 's budget; Section 42(3)(c) specify the nature, rules and control measures of the scheme before it is implemented; Section 42(3)(d) communicate the nature and rules of the scheme to all employees; and Section 42(3)(e) ensure that employees who implement the quality and quantity control measures of the scheme are not entrusted with the implementation of that scheme when they are the intended beneficiaries of the scheme.

Section 43. Managing unsatisfactory performance Section 43(1) A public body may, with respect to the unsatisfactory performance of an employee, subject the employee to a performance improvement plan where the authorised officer determines that an employee's performance may improve after remedial action is taken. Section 43(2)(a) training or re-training; Section 43(2)(b) re-assignment of responsibilities; Section 43(2)(c) redeployment; Section 43(2)(d) job enrichment; Section 43(2)(e) job rotation; Section 43(2)(f) coaching and mentoring; and Section 43(2)(g) counselling. Section 43(3)(a) impose sanctions on the employee including, warning, deferment of increment, demotion, withholding promotion and non-renewal of contract in accordance with the Act; or Section 43(3)(b) consider steps towards termination of service in accordance with the Act.

Section 44. Rewards for public bodies Section 44(1)(a) prepare and submit a report to the President; and Section 44(1)(b) in consultation with the President, organise a public ceremony which shall be held on or before the 30th November of each year. Section 44(2) The ceremony referred to in paragraph (1) shall include the release of the performance report and rewarding of excellent performance by public bodies. Section 44(3) A public body shall, within seven days of the release of the performance evaluation results, publish the results on its website.

Section 45. Sanctions for public bodies Section Where the performance of a public body is unsatisfactory, the President may take such action as may be appropriate to improve service delivery.

Section 46. Public service awards scheme Section 46(1) The Commission shall establish an awards' scheme for excellent performance and innovation by public officers. Section 46(2)(a) reward excellent performance by public officers; Section 46(2)(b) acknowledge and showcase in the public service and reward innovators whose innovations have improved efficiency and effectiveness in public service delivery; and Section 46(2)(c) reward consistent ethical practices by individual public officers. Section 46(2) The Commission shall seek the advice of the Salaries and Remuneration Commission where the Commission intends to award cash prizes under the awards scheme.

Section 47. AwardsCommittee Section 47(1) Pursuant to the provisions of section 12 , the Commission Awards shall constitute an Awards Committee. Section 47(2)(a) two members of the Commission appointed by the Chairperson of the Commission, one of whom shall be the chairperson of the committee; Section 47(2)(b) one person representing the Cabinet Secretary responsible for matters relating to the public service; Section 47(2)(c) one person representing Cabinet Secretary responsible for matters relating to finance; Section 47(2)(d) two persons from selected public bodies; and Section 47(2)(e) the head of the department in the Commission responsible for performance management in the public service. Section 47(3) The Secretary of the Commission, shall provide the secretariat. Section 47(4)(a) receiving nominations from public bodies of public officers for excellent performance; Section 47(4)(b) receiving nominations from public bodies for innovations from public officers which have led to improved efficiency and effectiveness in the delivery of public services; Section 47(4)(c) receiving nominations from public bodies for ethical performance by public officers; Section 47(4)(d) developi...

Section 48. Complaints and grievances Section 48(1) The Commission may, on its own initiative or on a complaint by any person, investigate any issue relating to performance management under these Regulations. Section 48(2) The Commission, in conducting an investigation under paragraph (1), shall afford the parties to the complaint an opportunity to be heard before the Commission makes a determination.

Section 49. Contravention of Regulations Section 49(1) A person other than a person excluded under regulation 2 (2) who contravenes any provision of these Regulations may be subjected to disciplinary proceedings in accordance with the terms of service and liable to any of the penalties specified in section 68 of the Act. Section 49(2) Where an authorised officer who is not under the jurisdiction of the Commission to whom the Commission has delegated a power or a function contravenes any provision of these Regulations, the Commission may recommend to that authorised officer 's appointing authority that the authorised officer be subjected to disciplinary action in accordance with the terms of service.

Section 50. Matters not covered by Regulations Section 50(1) Any matter relating to performance management that is not addressed by these Regulations shall be dealt with in accordance with such special or general instructions issued by the Commission. Section 50(2) Subject to the Constitution and any other written law, nothing in these Regulations shall prevent the Commission from considering and determining any matter relating to performance management that is within the Commission's mandate but has not been provided for in these Regulations.