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Article 234. Functions and Powers of the Public Service Commission

(1) The functions and powers of the Commission are as set out in this Article.

(2) The Commission shall–

  • (a) subject to this Constitution and legislation––
    • (i) establish and abolish offices in the public service; and
    • (ii) appoint persons to hold or act in those offices, and to confirm appointments;
  • (b) exercise disciplinary control over and remove persons holding or acting in those offices;
  • (c) promote the values and principles referred to in Articles 10 and 232 throughout the public service;
  • (d) investigate, monitor and evaluate the organisation, administration and personnel practices of the public service;
  • (e) ensure that the public service is efficient and effective;
  • (f) develop human resources in the public service;
  • (g) review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the public service;
  • (h) evaluate and report to the President and Parliament on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the public service;
  • (i) hear and determine appeals in respect of county governments’ public service; and
  • (j) perform any other functions and exercise any other powers conferred by national legislation.

(3) Clauses (1) and (2) shall not apply to any of the following offices in the public service––

  • (a) State offices;
  • (b) an office of high commissioner, ambassador or other diplomatic or consular representative of the Republic;
  • (c) an office or position subject to–
    • (i) the Parliamentary Service Commission;
    • (ii) the Judicial Service Commission;
    • (iii) the Teachers Service Commission;
    • (iv) the National Police Service Commission; or (b) an office in the service of a county government, except as contemplated in clause (2)(i).

(4) The Commission shall not appoint a person under clause (2) to hold or act in any office on the personal staff of the President or a retired President, except with the consent of the President or retired President.

(5) The Commission may delegate, in writing, with or without conditions, any of its functions and powers under this Article to any one or more of its members, or to any officer, body or authority in the public service.