Senate asked to reject Bill seeking to allow inter county transfer of staff

The Senate

The Senate has been asked to reject the County Governments Amendments Bill 2024 that seeks to provide a legislative framework that will facilitate the inter-county transfer of pensionable county public officers.

The Senate Devolution and Intergovernmental Relations Committee in a report tabled in the house by the Committee Chairperson Wajir Senator Sheikh Abbass asked his colleagues to reject the Bill tabled before the Senate by Nominated Senator George Mbugua.

 Abbass told the house that the national transfer of service framework under section 43 of the Public Service Commission Act (Cap 185) and the Public Service Commission Regulations 2020 operates within a single structure which is lacking among the 47 counties.

“The movement of a county public service officer from one county to another is therefore not a transfer within a single employer but a fresh appointment by different employer which is governed by the requirement of fair competition and merit under article 232(1) of the constitution,” said Abbass.

The Senate Committee stated that an officer wishing to serve in another county may already do so by competing for a vacancy declared and advertised by the receiving County Public Service Board and that the Bill may create a non-competitive channel by which a serving officer could acquire a county public service office never opened to other qualified Kenyans.

The Bill which has been read for the first time in the Senate if passed into law seeks to allow for the seamless movement of these officers between county public services without compromising their accrued benefits, thus promoting efficiency, national integration, cohesion, and the effective delivery of public services across counties.

The Bill proposes the establishment of a County Public Service Boards Consultative Forum comprised of a representative from each of the forty-seven County Public Service Boards and a secretary to the Forum who shall be an ex-officio member and shall have no right to vote at any meeting of the Forum.

“The proposed legislation opens the avenue for counties to send and receive experienced officers based on specific needs by allowing officers to transfer between counties, it ensures that expertise and competencies can be evenly distributed, thus enhancing the efficiency and effectiveness of public service delivery across the nation,” said Mbugua.

The Bill proposes that a county public officer desirous of transferring his or her services from one county to another may apply in writing to their respective County Public Service Board, through the authorised officer from the county which the officer is coming, for a transfer of service.

The County Governments Amendments Bill 2024 states that the County Public Service Board shall, within twenty-one days of receipt of an application, make recommendations subject to any relevant written law in force relating to retirement benefits.

The Bill proposes that in order to be considered for transfer, an officer shall be required to have served at a duty station for a continuous period of at least three years, however a County Public Service Board may determine an officer's transfer without due regard to the period prescribed.

“I am proposing that where a county public officer is offered an appointment in another county, the request for transfer of service shall be made in writing to the relevant county public service,” said Mbugua.

In making a decision to recommend the transfer of a county public officer, the County Public Service Board shall take into account the written application from the county public officer and efficiency and effectiveness of public service delivery.

It will also consider existing skills and competencies in the receiving county so as not to disadvantage public officers already serving in the county and promotion of representation of Kenya’s diverse communities, the members of all ethnic groups and persons with disabilities.

The Bill states that where a county public officer is transferred from one county public service to another, the public officer's accrued benefits relating to the previous period in public service shall not be lost.

“A transfer shall not be arbitrary and shall be based on necessity and shall be carried out in manner that shall not disrupt the operations of a county public service,” states Mbugua in the Bill.

 

 

The Bill proposes that during the first meeting the County Public Service Boards Forum a chairperson and a vice-chairperson amongst their membership shall be elected and considerations shall be taken to ensure that the chairperson and vice-chairperson shall be of the opposite gender.

The position of chairperson and vice-chairperson of the Forum shall be held by the various county public service boards on a rotational basis in such manner as the Forum may determine while members of the Forum shall hold office for a term of three years and shall not be eligible for reappointment.

The Forum shall develop criteria and framework for determining County public service matters requiring inter-county consultation and develop inter-county agreements for joint implementation of any activities related to efficient county public service delivery.

“The forum shall be a platform for mutual consultation, coordination and collaboration among the 47 County Public Service Boards on all matters related to the public service, provide linkages with other relevant stakeholders for the furtherance of the functions of the Forum and mediate any disputes arising from the respective County Public Service Boards,” states the bill.

 The Secretary to the Forum shall, subject to the direction of the Forum be responsible for the day-to-day management of the Forum, oversee and coordinate the implementation of the policies programmes and objectives of the Forum.

The Secretary shall cause to be prepared for the approval of the Forum the strategic plan and annual plan of the Forum, the annual budget and audited accounts of the Forum and perform such other duties as may be assigned to the secretary by the Forum.

The Secretary to the Forum shall hold office for a term of three years and shall be eligible for reappointment for one further term and should hold a degree from a university recognised in Kenya and is an employee of the Intergovernmental Relations Technical committee.

The Secretary to the Forum should have knowledge and at least ten years work experience in a senior management position, meets the requirements of Chapter Six of the Constitution, has not been adjudged bankrupt and has not been convicted of an offence and sentenced to imprisonment for at least six months.