The outgoing Public Service Commission (PSC) Chair, Anthony Muchiri, has urged reforms in the hiring and management of staff across national and county governments, citing persistent violations, ethnic favouritism, and fragmentation in public service human resource functions.
In his exit report submitted to President William Ruto, Muchiri recommends that County Public Service Boards share some of their authority with the PSC to supervise inter-county transfers, enforce staff mobility, and maintain consistent standards across the public service.
According to the report, many counties have become ethnic strongholds and informal employment bureaus, routinely recruiting staff from dominant local communities and often exceeding statutory limits.
This practice, the report states, undermines rules designed to promote diversity and fairness.
“One area of missed opportunity in the current constitutional design is the fragmentation of the public service HR function. County Public Service Boards operate autonomously, often leading to inconsistency in recruitment standards, discipline and talent development,” the report notes.
Muchiri adds that constitutional framers should have empowered the PSC to oversee higher-level HR functions in counties, including inter-county transfers.
This, he says, would ensure mobility, uniform standards, alignment with public service values, and reduce the surge of appeal cases received from counties.
The report highlights ongoing violations of statutory safeguards meant to ensure representation. Section 65 (1)(e) of the County Governments Act, 2012, requires that at least 30 per cent of entry-level positions go to candidates from non-dominant communities.
Similarly, the National Cohesion and Integration Act, 2008, limits any public institution to no more than one-third of staff from a single ethnic group. Despite this, some counties still employ predominantly from one community.
Muchiri also flagged persistent encroachment on PSC’s functions by other bodies.
The State Corporations Advisory Committee (SCAC) continues to handle HR duties in state corporations—a function legally assigned to PSC.
The Salaries and Remuneration Commission (SRC) has also bypassed PSC, advising agencies directly on pay, which has distorted remuneration systems and weakened PSC’s authority as the employer.
The report cites past amendments to the Attorney-General’s Act, which temporarily removed PSC’s constitutional powers over appointments and discipline within the office, vesting them in an Advisory Board.
The Employment and Labour Relations Court later declared these amendments unconstitutional.
Parliamentary oversight has also noted that SRC’s actions have worsened mandate clashes between PSC, SCAC, and the Inspectorate of State Corporations (ISC).
The Constitutional Implementation Oversight Committee (CIOC) observed that SRC repeatedly bypassed PSC, “thereby distorting remuneration in the public service and intensifying discrimination, unfairness and inequality.”
