Dr Phylis Wambui Wagacha, President William Ruto's nominee for the commissioner position at the Salaries and Remunerations Commission (SRC), was vetted for the appointment on Friday, June 23.
However, the National Assembly Committee on Labour raised fundamental constitutional and legal issues concerning her suitability for the role.
In particular, the Members of Parliament questioned why Wagacha was nominated to serve as commissioner, yet she had surpassed the retirement age stipulated by labour laws.
"Lawmakers raised concerns regarding the age of the nominee, taking into account that the Public Service Commission Act, amended in 2009 and 2020, raised the mandatory retirement age from 55 to 60 years for all public servants.
"The nominee is currently 75 years old and with her appointment to represent PSC members felt that is contradictory to PSC Act," read part of the report by Parliament.
Members of the National Assembly Committee on Labour observed that President Ruto's blunder could open a myriad of lawsuits, that would technically block Wagacha from the plum job.
The MPs explained that, except for State officers whose retirement age is stipulated in the Constitution of Kenya, 2010, Wagacha should have retired from public service at 60.
Wagacha was also advised to familiarise herself with the Employment Act, of 2007, to avoid regardless of the President's goodwill to offer her a job.
"They, however, acknowledged the rich experience and wisdom she will bring to the commission," read part of the report released by Parliament.
The vetting exercise took place in accordance with the provision of the Constitution of Kenya, 2010, The Public Appointments ( Parliamentary Approval) Act (No.33 of 2011) and The National Assembly Standing Orders.
According to the Curriculum Vitae submitted by the nominee, Dr Wagacha has worked with the Government in different capacities; at Kenya Institute for Public Policy Research and Analysis (KIPPRA) as the manager, the Kenya Bureau of Standards (KEBS), Kenya National Library Services (KNLS), and Kenya Library Association.
"The Committee inquired into the nominee's educational background and its relevance to the position, gaps in SRC and ways to address, push and pull between the commission and Parliament, appraisals of workers, issues of ghost workers, and matters concerning working hours," read part of the report by Parliament.
Public Service Commission Act, 2017 stipulates the retirement age for public servants, State officers and workers in the private sector.
The Act also allows the retirement age to be extended in certain cases, including occupancy of sensitive offices, such as the Director of Public Prosecutions.
Employees who are forced to retire before the normal retirement age are entitled to a pension, which is calculated based on their years of service and salary.
The pension is paid by the employer, or by the Retirement Benefits Authority (RBA) if the employer lacks a pension scheme.
