Gov't Refuses to Hire Bankrupt People

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President Uhuru Kenyatta chairs a Cabinet meeting at the KWS Law Enforcement Academy in Manyani, Taita Taveta County on October 16, 2020
PSCU

A Gazette Notice advertising the position of Chairperson of the Public Service Commission, indicated grounds on which applicants would not be hired for the position.

According to the Notice issued on Friday, October 15, a person is not eligible for an appointment as a chairperson of the Public Service Commission if they are undischarged bankrupt.

An ‘undischarged bankruptcy’ means a bankruptcy that is still in progress. If you are an ‘undischarged bankrupt’, it means your bankruptcy is ongoing and you make payments and restrictions that go along with the bankruptcy process.

In the Notice, applicants were informed that they will not be considered for the position if they have at any time within the preceding five years, held office, or stood for election as a member of Parliament, County Assembly or a member of the governing body of a political party.

Public Service Commission (PSC) office in Nairobi.
Public Service Commission (PSC) office in Nairobi.
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A person shall also be disqualified if they hold any state office or have at any one time been a candidate for election as a Member of Parliament or of a County Assembly.

Those applying for the position at the PSC stand to be disqualified if they have held any office in a political organization that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a Member of Parliament or of a County.

An applicant will also not be considered for the position if they have been removed from office for contravening the provisions

of the Constitution or any law. 

The government refuses to hire people who have been declared bankrupt to hold office because the law has stiff stipulations on the matter.

According to the law, bankrupt people are only allowed to handle cash they need for subsistence, accommodation and transport.

The Constitution does not allow a bankrupt person to hold public office. The Insolvency Act allows the insolvent to retain some property like household furniture, personal effects and a car whose value is below Ksh1 Million.

A civil servant who is declared bankrupt, gets their money paid directly to the trustee who gives them 25 per cent for sustenance while the rest goes towards settling debts.

However, after three years, all the debts are forgivable.

Undated image of Public Service Commission building in Nairobi, Kenya
Undated image of Public Service Commission building in Nairobi, Kenya
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