The fate of acting Director General of Health, Patrick Amoth, hangs in the balance after the office of the Prime Cabinet Secretary proposed a Bill that will either confirm his appointment or reject it.
Speaking during the signing of the performance contracts at the State House on Tuesday, August 1, PCS Musalia Mudavadi noted that his office would table the Public Service Management Bill to cap the duration a public servant is expected to hold an office in an acting capacity.
Mudavadi argued that public servants holding office in an acting capacity were demotivated by the uncertainty of their roles.
The proposed Bill thus aims to introduce a reward formula for employees who serve in the same position for an extended period.
According to Mudavadi, the employees' services were crucial in realising the government's agenda yet some received no additional rewards either in career progression or allowances.
"My office has initiated the development of a Public Service Management Bill that seeks to streamline and standardise performance management in the public sector. This is the first time public service management will be anchored in law," Mudavadi stated.
"(The bill) intends to give legal backing to officers who toil without reward or promotion. We must urgently cure (public service) of lack of career progression and almost lifelong acting in position. It is evident that acting in positions for long durations demotivates public service officers."
Amoth's contract as the acting director of health was extended in April 2023 after serving in the position for nearly five years.
Health Cabinet Secretary, Susan Nakhumicha, on October 31, 2022, promised to confirm Amoth as the director general a few days after assuming office.
“When I look around the room, I can see that many of you here are in an acting capacity. This is something I am going to address soon,” she promised.
In April 2023, Embakasi Central MP Benjamin Gathiru fronted the Public Service Commission (Amendment) Bill, 2023, seeking to remove allowances for all public servants who have held positions in acting capacity for more than six months.
Gathiru argued that officeholders should be confirmed or rejected six months after their appointments.
"The period should provide adequate time for the organisation to recruit and substantively fill the position. Failure to comply with this provision will result in the officer not earning any acting allowances," the bill read in part.
