PUBLIC SERVICE (VALUES AND PRINCIPLES) (AMENDMENT) BILL, 2022

Introduction.

Article 232, Part I of the Constitution of Kenya, 2010 provides for the values and principles to be observed by ALL public officers. The Public Service (Values and Principles) Act, 2015 is the legislative instrument enacted for the implementation of this constitutional provision. The principle objects of this Act include: -???

• ?a general code on the values and principles of public service;
• public participation in the promotion of the values and principles of, and policy making by, the public service; and
• reporting on the status of the promotion of values and principles of Public Service.

From the above provision, the sovereignty of the people is reflected through this legislation and the proposed amendment. Article 1(2) of the 2010 Constitution of Kenya states that;

“…the people may exercise their sovereign power either 
directly or through their democratically elected representatives.”        

The Public Service (Values and Principles) (Amendment) Bill, 2022 as the headline of this article, caused me to remind us of what the primary Act of Parliament states, considering the state of our motherland, Kenya. It is time we knew what we're owed, considering the trillions of debt we owe;

The amendment on reporting is an attempt towards safeguarding the constitutional oversight responsibility of the legislature (representation of the people) to analyze and query non-compliant state organs by receiving annual reports.

Now, brief reminder of what the primary legislation provides on the values and principles to be upheld by public office holders....

The Values and Principles stated are as follows;-

1.????Maintain high standards of professional ethics; as a general rule. Further, observance of professional ethics entails a public officer who;

1. ?is honest;
2. displays high standards of integrity in that officer's dealings;
3. is transparent when executing that officer's functions;
4. can account for that officer's actions;
5. is respectful towards others;
6. is objective;
7. is patriotic;
8. Observes the rule of law.

2.????Public officers shall use public resources in an efficient, effective and economic manner. A public officer is non-compliant to this principle when and/or if: -

• the public officer has used the public resources in a manner that is not prudent;
• there is unreasonable loss;
• there is deliberate destruction; or
• the effect is to reduce the effectiveness of the public service

3.???The public officer shall ensure Responsive, prompt, effective, impartial and equitable provision of services;

4.???The public officer shall observe transparency and provision to the public of timely accurate information;

5.???The public officer shall be accountable for their administrative action and (in)actions;

6.???Every public institution or an authorized officer shall ensure that public officers are appointed and promoted on the basis of fair competition and merit

Dear R??der, these are are the standards that EVERY public officer is called to abide by in the execution of their official duties. And as members of the public, it is our responsibility to give feedback on the public services we receive from the holders of these public offices. Through active public participation in understanding of these relevant and yet resourceful public reports; we become more equipped to be involved in constructive feedback with policymakers, through democratically elected leaders with the parliamentary oversight role in accountability of state organs to the law.

Public Participation

This Act provides further that each public institutions shall facilitate public participation and involvement in the promotion of values and principles of public service -

YES! You have the power to choose to do something for your country. Participate in the governance of your country.

Wonder How?

• faith-based organizations or groups;
• boards of management of learning institutions, however organized;
• welfare associations;
• residents' associations;
• market-users' committees;
• self-help groups;
• Village Councils;
• Elected leaders;

Through these citizen forums, members of the public get empowered and encouraged to voice out their contributions and feedback towards the governance of our country, for our own good and that of future generations to come. Aside from your body, Kenya is your home too, show it some self-care too, and that involves tough conversations.

This begs the question, how far are you willing to go? The law gives us the mandate to uphold accountability, transparency and effectiveness of public service. It is upon us to therefore do our part as Kenyans.

Conclusion - what does the amendment seek to cure?

Th Bill seeks to amend Section 16 of the Public Service (Values & Principles) Act, 2015; the statement purpose of the said Bill is that it will:

?????“…..facilitate the public service values and principles that require the public service to reflect Kenya's diverse communities and afford adequate and equal opportunities for appointment of women and men, members of all ethnic groups and persons with disabilities pursuant to Article 232 of the Constitution...."

.....by receiving annual reports, legislatures can discharge the 
oversight role bestowed upon them as they will be able to analyze 
and query non-compliant state organs.”         

Through the passing of this Bill, State organs, through the human resource departments will be required to report on the total number of employees, highlighting their gender, age, County of birth and County of residence. Through reporting, the public, through the legislature, can analyze and query any non-compliance with the law for accountability purposes.

\Know Your Laws?/public policy??/public participation / public service / Kenya, Nairobi