President William Ruto's administration is mulling a mass transfer of public servants as part of its strategy to streamline employment within the Public Service and eliminate bias.
The Public Service Commission (PSC), in its draft Affirmative Action Regulations of 2025, which are currently undergoing public participation, has revealed plans to redistribute common cadre employees.
The process will involve identifying the representation gaps in gender, ethnicity and disability at all levels and cadres within government entities to ascertain whether they meet the required threshold.
According to PSC Chairperson Anthony Muchiri, the determination would be made by the Commission jointly with the board or council of the identified public body.
He noted that the involvement of the board or council of the specific institution was to ensure that the terms and conditions of service of an employee are not varied to their disadvantage.
It is also to ensure that the procedure for the transfer of service of the identified staff is complied with and the protection of the accrued retirement benefits of the employee who is to be transferred.
"Notwithstanding sub-regulation (2)(b) and (c), the Commission may, on its own motion, identify staff from affected public bodies for redistribution," the PSC Chairperson clarified.
The law requires at least 5 per cent of public service jobs to be held by persons with disabilities (PWDs), while the National Cohesion and Integration Act requires public establishments to reflect Kenya’s diversity and bars any one ethnic community from making up more than one-third of an entity’s staff.
However, recent national assessments indicate only a small fraction of public institutions meet the 5 per cent PWDs target, while county-level audits show local ethnic dominance in staffing persists a decade into devolution, undermining national diversity goals.
Muchiri also noted that the government's decision to introduce the new regulations was to ensure that employment within the public sector aligns with the Constitutional requirements on inclusivity.
In particular, the regulations aim to accelerate the achievement of representation of both men and women, all ethnic groups, the disabled and the youth in the public service as required by the law.
The PSC Chairperson said that once implemented, the piece of legislation would facilitate the elimination of discrimination against any gender, ethnic group, persons with disabilities and the youth.
"The objects of these regulations are to mainstream a culture that supports and values diversity and affirmation for men and women, all ethnic groups, Persons with Disabilities and the youth in the public service," Muchiri stated.
Muchiri went ahead to reveal that the regulations would be applied in a manner that does not compromise merit or fair competition for jobs within the public sector.
