On Tuesday, February 14, the Public Service Commission (Amendment) Bill, 2023, which seeks to introduce a mandatory retirement age, was slated for a second reading in the National Assembly.
The Bill, which has been proposed by Embakasi Central Member of Parliament Benjamin Gathiru, states that having a mandatory retirement age set at 60 years will create job opportunities for young Kenyans.
Gathiru lamented that the civil service was laden with senior citizens who were denying qualified young Kenyans a chance to serve the nation.
Once approved by Parliament and signed into law by President William Ruto, the Bill will effectively amend the Public Service Commission Act, of 2017.
“The amendments are meant to increase the job vacancies available to Kenyan citizens below the age of sixty years,” the Bill reads in part.
“These positions are sometimes held by persons beyond the age of sixty years on account that they possess rare knowledge, skills and competencies for the time required in the service.”
While the Bill does not disagree with the experience and acumen of senior citizens, it directs that the Public Service Commission and other appointing authorities should be keen on succession planning.
This will include among others, taking the necessary steps to ensure that they train other people in the organisations to take up these positions.
Apart from enacting the mandatory retirement age, the Bill also seeks to eliminate a loophole where civil servants work for years in an acting capacity.
Once signed into law, no government officer will be allowed to work in an acting capacity for more than six months.
“The period of six months prescribed should provide adequate time for the organisation to recruit and substantively fill the position,” the Bill dictates.
While it will not be an offence to go past six months, if a civil servant decides to do so, the officer will not earn any acting allowances.
