A section of Parliament Buildings, Nairobi.
MPs have put the Salaries and Remuneration Commission (SRC) on the spot for aiding the escalation of mandate clash between the budget-strapped Public Service Commission (PSC), and the State Corporations Advisory Committee (SCAC) and Inspectorate of State Corporations (ISC).
The mandate clash, which the members of the Constitutional Implementation Oversight Committee (CIOC) of the National Assembly, in a report, say has led to confusion and inefficiency in public service management, comes against a backdrop of PSC mandate encroachment accusation claims against SCAC and ISC.
The CIOC report shows PSC tearing into the two public agencies for “consistently” encroaching on its constitutional and statutory mandate in the management of human resources in state corporations and public universities, while accusing the SRC of being an accomplice.
“SRC has exceeded its advisory role by directly engaging with agencies under PSC’s mandate rather than channeling advice through the designated employer,” reads the CIOC report to the House on the status of PSC compliance with implementation of the constitution.
The committee directed PSC to engage the Attorney-General to develop legislation bringing the State Corporations Act into full compliance with the constitution “to eliminate jurisdictional overlaps between PSC, SCAC and other agencies.”
The constitutional mandate of the SRC over public officers is to advise on remuneration and benefits.
However, PSC is captured in the CIOC report complaining that, whereas this advice “is supposed to be given to PSC as the employer of public officers, SRC has chosen to work with SCAC and the ISC.”
“SRC has consistently given advice directly to agencies that fall under the mandate of PSC, thereby distorting remuneration in the public service and intensifying discrimination, unfairness, and inequality,” the CIOC report captures PSC complaining.
PSC recruits on request from various institutions rather than through strategic workforce planning.
While SCAC is supposed to focus on governance issues, it is, however, doing human resource functions, which the CIOC report says is a mandate of PSC.
Recovery of lost money
The ISC is charged with ensuring good corporate governance, compliance, and performance in State Corporations by advising the government, conducting management audits, and investigating mismanagement and misappropriation of funds.
It is also mandated to facilitate recovery of lost money, ensuring efficient service delivery and driving the national development agenda.
ISC has the powers to inspect records, attend meetings, and surcharge officials for financial losses, reporting findings to relevant ministers and the Auditor General.
According to PSC, despite clear constitutional and statutory mandates, fragmentation and gaps in the legal framework persist.
The public service employer also noted that disruptive court rulings continue to impede effective mandate discharge, with numerous court cases challenging human resource decisions in the public service.
As the service commission overseeing human resource practices in public service, PSC submitted to CIOC that it finds itself enjoined in most litigation cases arising from misinterpretation of existing laws, creating additional operational burdens.
Other than the clash of mandates, PSC reveals that it is facing limited financial allocation despite its expanded mandate.
PSC notes that during the financial year 2023/24 budget sector retreat, it presented resource requirements of Sh5.61 billion to implement its five programs, but received Sh3.67 billion.
It is noted that Technical Vocational Education and Training (TVET) functions were transferred from TSC to PSC in 2018 “without corresponding resource allocation.”
It noted that it also handles an increasing number of appeals from counties, universities, and state corporations, along with related court litigation under its quasi-judicial functions.
Reduced budgetary allocation
Even as the responsibilities have “significantly” increased due to the expanded mandate, PSC notes that it continues to experience understaffing at its secretariat, with a gap of 45 percent.
“The understaffing results from limited budgets while responsibilities have increased,” PSC says, noting that its mandate expansion includes senior management positions in public universities, constitutional commissions, and statutory bodies.
In terms of facilities, the CIOC report shows PSC operating under “severe facility constraints,” due to reduced budgetary allocation, including inadequate office space, limited work equipment, and restricted mobility resources.
“The commission noted that attempts to enhance staff numbers within the same constrained office space have created operational challenges,” reads the CIOC report, adding, “the commission requires additional office space to fully implement its expanded mandate and is exploring options for securing government plot allocation.”
CIOC is of the view that a permanent facility would provide an ideal environment for consolidating all functions under “one roof” with adequate parking and supporting infrastructure.
