The Bill has been sponsored by Embakasi Central MP Benjamin Gathiru seeking to amend the current Act by prescribing that no public officer should be in any acting capacity beyond six months.
If the bill is passed into law this will be a big relief for teachers employed by Teachers Service Commission (TSC) since it will compel the Commission to confirm acting teachers within six months of acting.
In the past teachers have been acting as school administrators for many years without being confirmed to the new position.
Teachers unions have been accusing TSC of failing to confirm teachers who work in acting administrative positions for a long time.
They argue that the current career progression guidelines (CPG) make it difficult for classroom teachers to get promotions unless they are in administrative positions.
“This is a pending bill that’s not quantified. This is an exploitation of labour by the TSC and the government.
I’ve put a question in Parliament but I’m doing research with my office staff to back the numbers.
It’s become impossible to be promoted unless you’re in administration,” said KPPET national chairman Omboko Milemba.
On Thursday August 3, the National Assembly’s Labour committee, while considering the Public Service Commission (Amendment) Bill, 2023, also said it will introduce an amendment to the proposed legislation to cap the retirement age at 55.
“We need to think further and reduce the age to 55 to make the youth of this country proud,” Kangundo MP Fabian Muli said
If the proposals sail through, it will mean that the majority of civil servants expected to retire in the next five years will go home earlier, a move that will have far-reaching implications, including burdening a government already struggling with finances through a heavier pension bill.
The mandatory retirement age was in 2009 raised from 55 to 60 years as the government struggled to cope with a growing pension’s bill.
According to the Public Service Commission (PSC) annual report for the Financial Year 2021/2022, a total of 3,958 officers exited the service in 47 ministries departments and agencies.T
The Public Service Commission (Amendment) Bill, 2023 proposes that a person may be appointed in acting capacity for a period of at least 30 days but not exceeding six months.
According to the proposed legislation, a person will only be appointed to hold a public office in acting capacity after meeting all qualifications for that particular officer.
“An acting appointment shall be in favour of a public officer who is duly qualified and competent to perform the duty and not undermine the expeditious appointment or deployment of a competent person to the public office concerned,” reads the Bill
If one is appointed in acting capacity without the requisite qualifications, such appointment will be revoked by the Public Service Commission immediately.
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